- House Passes Lilly Ledbetter Fair Pay Act and Paycheck Fairness Act to End Discrimination, Give Women New Tools to Challenge Sex Discrimination by Employers -
Carmel, NY – Today, U.S. Rep. John Hall (D-NY19) met with women in Orange County and Putnam County to announce the passage of 2 bills to ensure women receive equal pay for equal work. The Paycheck Fairness Act and the Lilly Ledbetter Fair Pay Act, both passed by the House on Friday, will help eliminate the long-standing pay gap between men and women.
"Women deserve equal pay for equal work," said Congressman John Hall. "Yet forty years after the Equal Pay Act, women are still paid only 78 cents for every dollar paid to a man for the same work. It's estimated that this wage gap will cost a woman 400 thousand to 2 million dollars in lost wages over her lifetime. In any economy, women can't afford this unfairness. I am pleased that the newly convened 111th Congress has kicked off its first week by showing dedication to fairness in the workplace and to strengthening women's rights."
On average, women in Orange County earn $20,000 a year less than men in Orange County regardless of education level. The Paycheck Fairness Act, passed 256 to 163, will strengthen the Equal Pay Act of 1963 and help end the discriminatory practice of paying men and women unequally for performing the same job. The legislation bans employers from penalizing employees who share salary information with coworkers. The Paycheck Fairness Act also puts the burden of proof on employers and requires them to justify any decision to pay an unequal wage. They must prove that the wage decision is based on job performance and not on gender.
"Most workers find out about unfair wages after speaking with colleagues, and free and open discussion is necessary to ensure that women can take swift legal action if discriminated against," said Hall.
"At the time, some of my female colleagues said I shouldn't be frustrated because I was among the better-paid women workers," said Margaret Flannery, a Brewster resident of the gender-based pay discrimination she suffered for many years. "But even in doing so they were acknowledging a two-tier pay scale existed between men and women in our company."
The Lilly Ledbetter Fair Pay Act, approved 247 to 171, reverses a Supreme Court ruling that made it more difficult for Americans to pursue pay discrimination claims. The legislation 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. 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 a Goodyear Tire and Rubber Company. 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 she did not raise a claim within 180 days of the employer's original decision to pay her less, she was ineligible to receive any relief. Under the Supreme Court decision, any employee in Ledbetter's position would be forced to live with discriminatory paychecks for the rest of their careers.
"The Supreme Court outrageously ruled that the very reason Lilly Ledbetter couldn't sue for wage discrimination was because she'd been discriminated against for too long," stated Hall. "This decision effectively gave employers incentive to run out the clock and keep discrimination secret. Congress reversing this fundamentally flawed decision rightfully restores all Americans' legal right to challenge pay discrimination."
"In these very trying economic times, passage of the pay equity bills in the House are a true bright spot of hope for women everywhere, including right here in Orange County," said Christine Sadowski, YWCA Orange County Executive Director. "Congressman Hall and his colleagues voting 'yea' restored faith in the checks and balance system of our government, correcting an egregious wrong delivered by the Supreme Court when deciding the Ledbetter case last year. Today, we are a step closer to ensuring that the pay discrimination women have faced for decades will be dismantled."
Both the Paycheck Fairness Act and the Lilly Ledbetter Fair Pay Act are expected to also pass the Senate. While President Bush has threatened to veto both bills, President-elect Barack Obama has stated he will sign them after being sworn in as President.
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