Senate May Reverse Supreme Court, Approve Lilly Ledbetter Fair Pay Act

The Senate is set to vote today on the Lilly Ledbetter Fair Pay Act, a key piece of legislation that would prevent employers from discriminating against their employees. The legislation is Congress' answer to the Supreme Court's disastrous ruling in Ledbetter v Goodyear Tire, which gutted a crucial aspect of the Civil Rights Act by allowing Goodyear to underpay Lilly Ledbetter by almost $225,000. The 60-year-old mother learned she was being discriminated against shortly before retiring thanks to an anonymous tipster, and quickly complained to the Equal Employment Opportunity Commission. Despite a favorable ruling from the EEOC and a jury victory, the Supreme Court ruled that Lilly Ledbetter was entitled to nothing because she failed to file suit within 180 days of the original act of discrimination.

The Court's tortured logic was ridiculed in a strong dissent by Justice Ruth Bader Ginsburg, who acknowledged that pay discrimination is naturally covert. Discriminatory pay checks don't arrive in envelopes screaming "Unequal Pay Enclosed, Act Immediately!" In all likelihood, you don't know what your co-worker makes anymore than you know what your neighbor makes. No employee can reasonably be expected to know if they have been discriminated against.

The Lilly Ledbetter Fair Pay Act acknowledges this obvious workplace reality by opening a new 180-day with each discriminatory pay check. The New York Times endorsed the Act today, saying:

...the Senate is scheduled to consider a modest bill on Wednesday that is aimed at restoring the original intent of the law. It poses a test of each senator’s commitment to combating pay discrimination.

As for Lilly Ledbetter, she is in Washington this week talking to Senators about the bill that bears her name. She writes:

I worked hard at Goodyear, and was good at my job. But with every paycheck, I got less than I deserved and less than the law says I am entitled to. The discrimination continues today, because my pension and Social Security are based on my pay. But because Goodyear kept it a secret, five Justices on the Supreme Court said it didn't matter. It was a step backward, and a terrible decision not just for me but for all the women who may have to fight wage discrimination.

That's why we're asking Congress to pass the Lilly Ledbetter Fair Pay Act, to give women a chance to fight back and companies a reason to think twice about discriminating. The legislation can't help me - it's too late for that. But it can help my daughters, and yours."

Pass the Fair Pay Act [The New York Times]
Peaceful Revolution: Equal Pay for Equal Work- Time for the Senate to Vote [Huffington Post]
(Photo: dbking)