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| For Immediate Release January 27, 2009 |
Contact: Kerry McKenney/Nkechi Mbanu (202) 225-3436 |
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| Payne Votes to Send Paycheck Fairness Bill to the President Lilly Ledbetter Fair Pay Act Restores American Workers’ Rights to Challenge |
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| Washington, D.C. – Congressman Donald M. Payne, senior member of the House Education and Labor Committee, voted today to give final approval to legislation that will begin to close the gender pay gap in this country by reversing a Supreme Court decision that has kept women from pursuing pay discrimination claims. The bill now goes to President Obama and will likely be the first major piece of legislation he signs into law. The Lilly Ledbetter Fair Pay Act (S 181), which passed by a vote of 250 – 177, would clarify that each discriminatory paycheck or compensation 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. "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." The Ledbetter decision has already been cited in hundreds of discrimination cases. Not only have pay discrimination cases been adversely impacted, but protections guaranteed by the Fair Housing Act, Title IX, and the Eight 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." ### |
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