Congress Moves to Remedy High Court???s Narrowing of Workers??? Rights
Feature Story by Lindsey Catlett - 6/25/2007
The Ledbetter Fair Pay Act of 2007, introduced Friday in the House of Representatives, was lauded by civil rights groups.
"Congress' actions are beginning the march to right a wrong perpetrated by our nation's highest court that will have a tremendous impact on the working lives, and livelihoods, of Americans across the county," said Wade Henderson, president & CEO of the Leadership Conference on Civil Rights (LCCR).
The bill is a direct response to the recent Supreme Court decision in Ledbetter v. Goodyear Tire & Rubber Company that redefined a longstanding legal understanding of workers' rights to combat pay discrimination under Title VII of the Civil Rights Act of 1964.
For years, in the context of pay discrimination, courts interpreted Title VII's prohibition of "unlawful employment practices" to include all paychecks workers receive that are tainted by a discriminatory pay decision. But, in Ledbetter, the Supreme Court reversed precedent and decided that "unlawful employment practices" only occur when pay decisions are made and that workers who are discriminated against only have 180 days from the time pay decisions are made to file suit.
The controversial ruling ignited a firestorm of criticism, particularly from civil rights groups, who argued that the decision might actually increase wage discrimination.
"The Court's decision in Ledbetter ignores the realities of the workplace. Employees typically don't know much about what their co-workers earn, or how pay decisions are made, making it difficult to satisfy the Court's new rule," said Henderson, in June 12 testimony before the House Education and Labor Committee.
The House bill amends Title VII of the Civil Rights Act by making clear to the courts that the 180-day statute of limitations applies to every instance of a discriminatory paycheck rather than only pay decisions. The House bill protects women, the disabled, ethnic and racial minorities, and religious minorities from wage discrimination.
House Democrats have expressed support for the Ledbetter Act.
"The fact is that Ms. Ledbetter was discriminated against with nearly every paycheck she received. The Supreme Court told employers that they could escape responsibility by hiding their decision to discriminate and run out the clock," said Chairman of the House Education and Labor Committee Rep. George Miller, D. Calif.
"There is little doubt the spirit of Title VII of the Civil Rights Act of 1964 was violated in [Ledbetter]," said Majority Leader Steny Hoyer, D. Md. "This common-sense legislation effectively reverses the Court's decision, restores Congressional intent, and responds to the realities of the workplace."
The House Education and Labor Committee is expected to consider the Ledbetter Act on June 27 and report it to the House floor soon after for a floor vote.
