Press Releases

Washington, D.C. – Congressman Donald M. Payne, senior member of the House Education and Labor Committee, voted to approve legislation that would reverse a Supreme Court ruling that makes it more difficult for Americans to pursue pay discrimination claims. The legislation was among the first to be considered and passed by the 111th Congress.

The Lilly Ledbetter Fair Pay Act (H.R. 11), which passed by a vote of 247 – 171, would clarify that every paycheck or other compensation resulting from an earlier discriminatory pay decision constitutes a violation of the Civil Rights Act. As long as workers file their charges within 180 days of a discriminatory paycheck, their charges would be considered timely. This was the law prior to the Supreme Court’s May 2007 decision.

“This issue is as basic as it gets,” said Payne (D-NJ). “You should not be paid less because you are a woman. You should not be treated differently because of the color of your skin or your religious beliefs. The Supreme Court has tried to roll back the clock on this issue of basic fairness, but Congress will not stand for it.”
According to published reports, the Ledbetter decision has already been cited in more than 300 discrimination cases. Not only have pay discrimination cases been adversely impacted, but protections guaranteed by the Fair Housing Act, Title IX, and the Eighth Amendment have also been affected.

The Lilly Ledbetter Fair Pay Act would apply to workers who file claims of discrimination on the basis of race, sex, color, national origin, religion, age or disability.

Lilly Ledbetter worked for nearly 20 years at the Goodyear Tire and Rubber Company plant in Gadsen, AL.  She sued the company after learning that she was paid less then her male counterparts at the facility, despite having more experience than several of them. A jury found that her employer had unlawfully discriminated against her on the basis of sex.

However, the Supreme Court said that Ledbetter had waited too long to sue for pay discrimination, despite the fact that she filed a charge with the U.S. Equal Employment Opportunity Commission as soon as she received an anonymous note alerting her to pay discrimination.

While Ledbetter filed her charge within 180 days of receiving discriminatory pay, the court ruled that, since Ledbetter did not raise a claim within 180 days of the employer’s decision to pay her less, she could not receive any relief.  Under this Supreme Court decision, employees in Ledbetter’s position would be forced to live with discriminatory paychecks for the rest of their careers.
 
Despite claims from critics, the Congressional Budget Office estimated, in 2007, that since the bill would essentially return the law to where it stood before the Supreme Court ruling, the legislation will not lead to an onslaught of costly new litigation. Click here for the CBO estimate.

“At a time when too many workers are seeing their jobs and wages slashed, we’ve got to make sure that all Americans are paid fairly for their hard work,” said Payne. “The new Congress is committed to rebuilding our economy and strengthening our middle class. This legislation is a critical start.”

The House-passed bill is the same as the bill approved in 2007. President-Elect Obama has indicated his strong support for the measure.

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