01.22.09

Chairman Miller Applauds Senate Passage of Lilly Ledbetter Fair Pay Act

WASHINGTON, DC -- U.S. Rep. George Miller (D-CA), the chairman of the House Education and Labor Committee and chief House sponsor of the legislation, issued the following statement today after the Senate passed the Lilly Ledbetter Fair Pay Act by a 61 to 36 vote.

The House passed the bill by a 247 to 171 vote on January 9. The legislation is on track to be one of the first bills sent to President Obama’s desk.
“I applaud the Senate’s swift approval of the Lilly Ledbetter Fair Pay Act. Our nation is one step closer to correcting a disastrous Supreme Court decision that allows bad employers to engage in illegal employment discrimination so long as they keep it hidden for 180 days. Illegal employment discrimination in any form is an attack on all working Americans and must be stamped out.

“The 2007 Ledbetter Supreme Court decision has already had a chilling impact on hundreds of discrimination claims. It wasn’t Lilly Ledbetter’s fault that Goodyear decided to pay her less because she was a woman. But a narrowly divided, ideological Supreme Court said that even though her company had engaged in illegal pay discrimination in secret for decades, she would have to live with a smaller pension and Social Security benefit for the rest of her life. This isn’t just or fair by any measure.

“It is well past time to reset the law to where it was before the ruling. The Lilly Ledbetter Fair Pay Act will do just that. I expect the House will quickly pass the Senate’s version and send it to President Obama for his signature.”

BACKGROUND

Lilly Ledbetter worked for nearly 20 years at a Goodyear Tire and Rubber Company facility in Alabama. 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.

Contrary to claims from critics, the Congressional Budget Office estimated in 2007 that the legislation will not lead to an onslaught of costly new litigation.  Click here for the CBO estimate.