WASHINGTON – Congresswoman Carolyn B. Maloney (D-NY) issued the following statement today after rallying with other female lawmakers on Capitol Hill for equal pay, and reiterating the Democratic Party’s commitment to passing the “Ledbetter Fair Pay Act of 2007” (H.R. 2831):
“It’s appalling that in 2008 women still make just 77 cents for every dollar a man earns for doing the exact same work. Congress had a chance to try and rectify this longstanding inequity by passing the 'Ledbetter Fair Pay Act,' but a handful of obstructionist Senate Republicans stood in the way. I was proud to stand shoulder to shoulder with my female colleagues in the Congress and with Lilly Ledbetter today to tell the women of American that we will continue fighting to get them the equal pay they deserve.
“Last year, the Supreme Court once again decided to tell America’s women what they can and cannot do. Its decision to throw out Ledbetter v. Goodyear Tire & Rubber Co. has been cited 221 times since in lower courts - these are 221 potential instances of gender pay discrimination in the last year alone.
“I am equally disappointed that Senate Republicans continue to block equal pay legislation that should be above partisanship. This issue is about fairness, equal pay for equal work, and upholding the principles of equality that define American values. By refusing to move the 'Ledbetter Fair Pay Act' forward, they are defending insidious discrimination against women and perpetuating gender inequality. Congress needs to act now to right a wrong that has plagued our society for far too long.”
Background:
The Supreme Court’s May 2007 Ledbetter v. Goodyear Tire and Rubber Co. decision was based on a case that Lilly Ledbetter brought against her former Alabama tire plant employer for paying her substantially less than her male counterparts, even those with less seniority. The Supreme Court found that employees cannot bring suit under Title VII of the Civil Rights Act of 1964 unless they have filed a formal complaint with a federal agency within 180 days after their pay was set.
In July of 2007, the House passed legislation to correct the interpretation of Title VII - 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. The Senate was unable to muster enough votes to bring the bill up for debate in April of 2008.
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