“Yesterday’s decision highlights the persistent and continuing acts of wage discrimination against women and the inadequacy of current laws to protect employees,” said Maloney.  “When Congress reconvenes next week, I will introduce legislation to correct this inequity and protect women from wage discrimination.” 

The Supreme Court Ledbetter v. Goodyear Tire and Rubber Co. decision was based on a case brought by Lilly Ledbetter against her former Alabama tire plant employer for paying Lilly substantially less than her male counterparts, even those with less seniority.  The Supreme Court found that employees cannot bring suit under Title VII unless they have filed a formal complaint with a federal agency within 180 days after their pay was set. 

Maloney’s planned legislation would correct the interpretation of Title VII of the Civil Rights Act of 1964 - the principal federal anti-discrimination law - by following the position taken by federal appeals courts and the Equal Employment Opportunity Commission (EEOC) in which the “paycheck accrual rule” is followed.  Under the “paycheck accrual rule,” each pay period failing to correct past discrimination is regarded as a new incident of discrimination.  This rule allows a worker to challenge an employer that began wage discrimination against her years earlier, even if the worker didn’t initially realize she was being discriminated against. 

In her dissent, Supreme Court Justice Ruth Bader Ginsburg said the decision “does not comprehend, or is indifferent to, the insidious way in which women can be victims of pay discrimination.”

Last month, Maloney released a report highlighting facts about the gender wage gap that still persists.  To view the report, click here.

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