News
July 20, 2007
harkin introduces bill to fix ledbetter decision, ensure women can fight for fair pay
WASHINGTON, D.C. – Senator Tom Harkin (D-IA) today joined a bipartisan group of Senators in introducing legislation to reverse a controversial Supreme Court ruling that narrowed employee rights to sue over employment discrimination. Specifically, the Fair Pay Restoration Act addresses the Supreme Court’s decision in Ledbetter vs. Goodyear Tire and Rubber Co. that Lilly M. Ledbetter, a supervisor at the Goodyear Tire plant, could not sue for pay discrimination because she did not file her claim within 180 days of her pay being set.
“The Supreme Court’s recent ruling in the Ledbetter case ignored the realities of the workplace and placed illogical restrictions on women’s ability to fight for the pay they deserve. This legislation will ensure that the Supreme Court’s mistake does not hinder women from fighting for fair compensation,” Harkin said. “Given the fact that women still earn only 77 cents for every dollar a man makes, it is imperative that women have the right to challenge their employers for fair pay.”
The legislation clarifies the Civil Rights Act’s statute requiring cases be filed within 180 days “after the alleged unlawful employment practice occurred.” Specifically, the bill classifies each pay check in which an employee is unfairly paid as a new act of discrimination. Therefore, employees would have 180 days after their last pay check in which to sue for fair compensation. Given the secrecy of pay scales in the workplace, this clarification is crucial to ensuring employees’ right to petition for fair compensation does not expire before they have the opportunity to discover they are being discriminated against.
Senators Joe Biden (D-DE), Barbara Boxer (D-CA), Hillary Clinton (D-NY), Chris Dodd (D-CT), Dick Durbin (D-IL), Diane Feinstein (D-CA), John Kerry (D-MA), Patrick Leahy (D-DE), Claire McCaskill (D-MO), Barbara Mikulski (D-MD), Patty Murray (D-WA), Barack Obama (D-IL), Jack Reed (D-RI), Bernie Sanders (I-VT), Olympia Snowe (R-ME), Arlen Specter (R-PA), Debbie Stabenow (D-MI) and Sheldon Whitehouse (D-RI) also co-sponsored this legislation.
A long time champion of fair pay for women, Harkin also recently introduced the Fair Pay Act. This legislation would address the historic pattern of undervaluing and underpaying so-called “women’s” jobs. The bill requires the disclosure of pay scales and rates for all job categories at a company, without personally identifying information. This would make it easier for a woman to learn of pay discrimination closer to the date she begins working for an organization, enhancing her ability to advocate for better pay.
