Lilly Ledbetter Fair Pay Act likely to be first major bill signed by President Obama

WASHINGTON, DC – Congressman Tim Bishop (NY-1) voted today to give final approval to legislation that would reverse a Supreme Court ruling that has made it more difficult for Americans to pursue pay discrimination claims. The bill now goes to President Obama and will likely be the first major piece of legislation he signs into law. Congressman Bishop is a member of the House Education and Labor Committee that spearheaded the legislation.

The Lilly Ledbetter Fair Pay Act 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.

“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 Bishop. “You should not be treated differently because of your gender, the color of your skin or your religious beliefs. Last year, the Supreme Court tried to roll back the clock, 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 Eighth 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 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 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 nonpartisan Congressional Budget Office estimated 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.