Ledbetter Fair Pay Act Signed Into Law
Published by Eric A. Welter on January 29, 2009
President Obama signed the Lily Ledbetter Fair Pay Act of 2009 into law today. The story is here. Bill tracking is here. The text of the bill can be found here. More after the break. UPDATE (2.11.2009): What Ledbetter Has Wrought (Jottings By An Employer’s Lawyer). The Act amends Title VII of the Civil Rights […]
UPDATE (2.11.2009): What Ledbetter Has Wrought (Jottings By An Employer’s Lawyer).
The Act amends Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. The essential provision of the Act is to provide that, for purposes of the statute of limitations, an unlawful employment practice occurs with respect to discrimination in compensation not only when the decision is adopted but also when an individual is affected by application of the discriminatory compensation decision, “including each time wages, benefits, or other compensation is paid, resulting in whole or in part from such a decision.” It will remain to be seen how the courts interpret and apply this new provision, which would effectively eliminate the statute of limitations on compensation discrimination claims.
For discrimination in compensation based on a protected class under Title VII (such as gender, race, national origin, etc.), the Act allows recovery of up to two years’ back pay in addition to other remedies available under Title VII, such as compensatory and punitive damages.
Here is some commentary on the law, which we will update as necessary:
Note the effective date of the law — Ohio Employer’s Law Blog
New Acting EEOC Chairman Lauds Passage — EEOC
Congress Overturns Court — SCOTUS Blog
Why the hype on the Ledbetter Act is overblown — Connecticut Employment Law Blog
Ledbetter Now Law: Employers Must Focus On Compliance — Pennsylvania Employment Law BlogTopics: Discrimination, Legislative Activity, Title VII