Constitutional Law

Senate Approves Pay Equity Bill

The U.S. Senate passed a measure intended to make it easier for employees to bring pay discrimination lawsuits against their employers. The measure, which has the support of President Barack Obama, is aimed at trumping a 2007 U.S. Supreme Court decision that dismissed an Alabama woman’s employment discrimination lawsuit against Goodyear Tire Company.

Lilly Ledbetter had sued Goodyear upon retirement, when she learned that she had earned far less than her male counterparts. Lower federal courts had awarded Ledbetter $360,000 in back pay, but the Supreme Court nullified that award when it ruled that Ledbetter’s suit was lodged to late after learning of the discrimination. Justice Ruth Bader Ginsburg filed a dissent in Ledbetter v. Goodyear Tire & Rubber Co., noting that, “if the pay discrimination occurs in the form of a woman receiving a smaller pay raise than her male counterparts, it may be impossible for a woman to sue when the discrimination first occurs. She may have little reason even to suspect discrimination until a pattern develops incrementally and she ultimately becomes aware of the disparity.”

Following the high court’s ruling, Ledbetter became a leading voice for pay equity and spoke at the Democratic National Convention in Denver last year, where she called on lawmakers to support a fair pay act, which is named after her.

The Senate approved the Lilly Ledbetter Fair Pay Act 61 to 36 last night. The Washington Post reported that the measure would “greatly ease the statute-of-limitations requirements” on bringing such actions. Sen. Barbara Mikulski (D-Md.), the bill’s primary sponsor, said it would ensure equal pay regardless of an employee’s age, race, gender or national origin.

“We say to women who earn only 77 cents for every dollar her male counterpart makes, it’s time for a new day,” Mikulski said in a press statement. “We say to women of color who make even less it’s time for a new law. And we say to all who have suffered wage discrimination it’s truly time for a change.”

Earlier this month, other members of Congress and Obama signaled that they were eager to move quickly on legislation that would bolster efforts of workers to ensure pay equity. Ledbetter said yesterday that the president has assured her that he will support the Fair Pay Act.

Full post as published by ACS Blog on January 23, 2009 (boomark / email).