Senate Vote: Lilly Ledbetter Fair Pay Act
Summary: Restores the ability of victims of paycheck discrimination to have a fair opportunity to pursue their claims
Result: Cloture Motion Failed
A vote for the cloture motion was counted as a + vote (in line with LCCR's position)
View individual member votes on this bill by state:
Bill Name: Lilly Ledbetter Fair Pay Act of 2007
Bill Number: H.R. 2831
Issue: Employment
Date: 04/23/08
Roll Call No. 110
The Senate narrowly voted against cloture on a motion to proceed to this bill, which establishes a fair statute of limitations in paycheck discrimination cases.
The bill would have restored the law to what it was prior to the Supreme Court's decision in Ledbetter v. Goodyear Tire & Rubber, decided on May 29, 2007. In that case the Supreme Court held that the 180-day statute of limitations for Title VII pay discrimination cases should be calculated from the day a pay decision is made, rather than from when the employee is subject to that decision or injured by it.
The Court's decision in this case was a sharp departure from precedent and would greatly limit the ability of pay discrimination victims to vindicate their rights.
LCCR strongly supported the Lilly Ledbetter Fair Pay Act because it restores the ability of victims of paycheck discrimination to have a fair opportunity to pursue their claims.
The bill amends Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, and the Rehabilitation Act of 1973 to clarify that each time an employee receives a discriminatory paycheck, it is an act of discrimination actionable under the relevant statutes.
This is especially important since often employees do not learn about a discriminatory pay decision until years after it is made – making the Supreme Court's approach untenable.
Under this bill, employees would once more be given a fair and reasonable opportunity to file charges of pay discrimination within 180 days of the last discriminatory paycheck.
Result: The motion to invoke cloture fell short of the necessary 60 votes (56-42).
