Ledbetter Bill Passes House
Feature Story by Tyler Lewis - 7/31/2007
The House of Representatives passed legislation (225-199) on July 31 that will restore the ability of American workers to sue for pay discrimination.
The Lilly Ledbetter Fair Pay Act of 2007 will amend Title VII of the Civil Rights Act to make clear to the courts that the 180-day statute of limitations applies to every instance of a discriminatory paycheck rather than only pay decisions
"Today's House vote is a victory for all American workers," said Wade Henderson, president and CEO of the Leadership Conference on Civil Rights. "The bill makes clear that pay discrimination is still a pernicious problem in American life; and that notwithstanding a narrow Supreme Court majority, Congress is intent on allowing workers to vindicate their rights and hold employers accountable for their actions."
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. Under this new interpretation, women, minorities, older Americans, and people with disabilities will have a more difficult time proving pay discrimination in the workplace.
The controversial May 30 ruling ignited a firestorm of criticism, particularly from civil rights groups, who argued that the decision might actually increase wage discrimination.
The Senate introduced a similar bill on July 20 and is expected to bring it to the floor for a vote after the August recess.
