Washington, DC—With the Senate currently debating the Lilly Ledbetter Fair Pay Act, U.S. Senator Tim Johnson (D-SD) announced that he will support employees across the country and plans to vote for final passage of the bill. The legislation, which is in reaction to the Supreme Court’s Ledbetter v. Goodyear Tire and Rubber Company decision, would adjust the Civil Rights Act to expressly state that each paycheck based on a discriminatory practice is a new violation of employment law.
“With the economy struggling, it is more important than ever that all workers are fairly compensated for putting in a hard day’s work. These employees are not asking for special treatment – they are only asking for parity,” said Johnson, who cosponsored the legislation.
A jury found that Lilly Ledbetter, an employee of Goodyear Tire, had been discriminated against during her 19 year career when she was continuously underpaid compared to her male counterparts. The Supreme Court reversed that decision by a narrow 5-4 ruling. In essence, the court said that she had waited too long to file a claim, even though she was unaware she was being discriminated against throughout her employment. The court also stated that the 180 day window to file a claim under Title VII of the Civil Rights Act begins when the employer commits a discriminatory practice, not when an employee is compensated based on that practice.
Under the Lilly Ledbetter Fair Pay Act, the 180 day window would reset with each violation of employment law. The legislation also provides for two years of back pay compensation for discrimination that occurred before a claim was filed.
Johnson also supported this legislation during the 110th Congress, although a minority in the Senate blocked the bill from being considered.
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