The Lilly Ledbetter Fair Pay Act of 2009 (, ) is a landmark
federal statute
In the law of the United States, the Code of Laws of the United States of America (variously abbreviated to Code of Laws of the United States, United States Code, U.S. Code, U.S.C., or USC) is the official compilation and codification of the ...
in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
that was the first bill signed into law by
U.S. President
The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States ...
Barack Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the U ...
on January 29, 2009. The act amends
Title VII of the Civil Rights Act of 1964 and states that the 180-day
statute of limitations for filing an equal-pay lawsuit regarding pay discrimination resets with each new paycheck affected by that discriminatory action. The law directly addressed ''
Ledbetter v. Goodyear Tire & Rubber Co.'' (2007), a
U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
decision that the statute of limitations for presenting an equal-pay lawsuit begins on the date that the employer makes the initial discriminatory wage decision, not at the date of the most recent paycheck.
An earlier bill seeking to supersede the ''Ledbetter'' decision, also called the Lilly Ledbetter Fair Pay Act, was first introduced in the
110th United States Congress
The 110th United States Congress was a meeting of the legislative branch of the United States federal government, between January 3, 2007, and January 3, 2009, during the last two years of the Presidency of George W. Bush. It was composed of ...
, but was not successfully enacted at that time, as it was passed by the
House
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air condi ...
but failed in the
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
.
During the campaign for the
2008 elections, the
Democrats criticized
Republicans
Republican can refer to:
Political ideology
* An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law.
** Republicanism, the ideology in support of republics or agains ...
for defeating the 2007 version of the bill, citing Republican presidential candidate
John McCain
John Sidney McCain III (August 29, 1936 – August 25, 2018) was an American politician and United States Navy officer who served as a United States senator from Arizona from 1987 until his death in 2018. He previously served two terms ...
's opposition to the bill and candidate
Barack Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the U ...
's support.
Court rulings
The antecedents of the case were posed when
Lilly Ledbetter
Lilly McDaniel Ledbetter (born April 14, 1938) is an American activist who was the plaintiff in the United States Supreme Court case '' Ledbetter v. Goodyear Tire & Rubber Co.'' regarding employment discrimination. Two years after the Supreme C ...
, a production supervisor at a
Goodyear tire plant in
Alabama
(We dare defend our rights)
, anthem = "Alabama (state song), Alabama"
, image_map = Alabama in United States.svg
, seat = Montgomery, Alabama, Montgomery
, LargestCity = Huntsville, Alabama, Huntsville
, LargestCounty = Baldwin County, Al ...
, filed an equal-pay lawsuit regarding pay discrimination under
Title VII of the Civil Rights Act of 1964 with the
Equal Employment Opportunity Commission, six months before her early retirement in 1998. Initially, the jury found for Ms. Ledbetter, awarding her $3 million, which was reduced to $360,000 due to a Title VII damage cap.
But the appeals court reversed this ruling. The plaintiffs then appealed to the Supreme Court.
The latter ruled in 2007 by a 5–4 majority vote that Ledbetter's complaint was time-barred because the discriminatory decisions relating to pay had been made more than 180 days prior to the date she filed her charge, as explained by Justice
Samuel Alito
Samuel Anthony Alito Jr. ( ; born April 1, 1950) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George W. Bush on October 31, 2005, and has served ...
. Justice
Ruth Bader Ginsburg
Joan Ruth Bader Ginsburg ( ; ; March 15, 1933September 18, 2020) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until her death in 2020. She was nominated by President ...
's dissenting opinion proposed an interpretation according to which the law runs from the date of any paycheck that contains an amount affected by a prior discriminatory pay decision.
The ''Ledbetter'' decision was cited by federal judges in 300 cases before the LLFPA was passed. These cases involved not only Title VII of the Civil Rights Act, but also the
Age Discrimination in Employment Act of 1967
The Age Discrimination in Employment Act of 1967 (ADEA; to ) is a United States labor law that forbids employment discrimination against anyone, at least 40 years of age, in the United States (see ). In 1967, the bill was signed into law by Pr ...
,
Fair Housing Act
The Civil Rights Act of 1968 () is a landmark law in the United States signed into law by United States President Lyndon B. Johnson during the King assassination riots.
Titles II through VII comprise the Indian Civil Rights Act, which applie ...
,
Patsy T. Mink Equal Opportunity in Education Act and
Eighth Amendment to the Constitution.
Among the first to criticize the Court's decision that Ledbetter's complaint was time-barred was
Marcia Greenberger, president of the
National Women's Law Center
The National Women's Law Center (NWLC) is a United States non-profit organization founded by Marcia Greenberger in 1972 and based in Washington, D.C. The Center advocates for women's rights and LGBTQ rights through litigation and policy initiati ...
, that saw in the ruling a "setback for women and a setback for civil rights" and called Ginsburg's opinion a "clarion call to the American people that this slim majority of the court is headed in the wrong direction."
Debra L. Ness
Debra L. Ness is the president of the National Partnership for Women & Families. She has previously worked for the Service Employees International Union and National Abortion Rights Action League.
Career
Ness graduated summa cum laude from Drew U ...
, president of the
National Partnership for Women & Families
The National Partnership for Women & Families is a nonprofit, nonpartisan 501(c)3 organization based in Washington, D.C. Founded in 1971, the National Partnership works on public policies, education and outreach that focuses on women and familie ...
, also condemned the decision, saying, "If employers can keep the discrimination hidden for a period of time, they can continue to discriminate without being held accountable." On the other side, the majority's findings were applauded by the
U.S. Chamber of Commerce, that called it a "fair decision" that "eliminates a potential wind-fall against employers by employees trying to dredge up stale pay claims."
The bill
The
House Democrats were fast to react, coming out on June 12 against the Supreme Court. Claiming lead from Justice Ruth Ginsburg's dissenting opinion, which invited the Congress to take action by amending the law, the Democrats announced their intention to intervene:
House Majority Leader
Party leaders of the United States House of Representatives, also known as floor leaders, are congresspeople who coordinate legislative initiatives and serve as the chief spokespersons for their parties on the House floor. These leaders are ele ...
Steny Hoyer
Steny Hamilton Hoyer (born June 14, 1939) is an American politician and attorney serving as the United States House of Representatives, U.S. representative for since 1981 and as House majority leader, House Majority Leader since 2019. A Democrat ...
and
Education and Labor Committee
The Committee on Education and Labor is a standing committee of the United States House of Representatives. There are 50 members in this committee. Since 2019, the chair of the Education and Labor committee is Robert Cortez Scott of Virginia.
Hi ...
Chairman
George Miller said that a bill was to be passed to avoid future court rulings in line with ''Ledbetter'', clearly putting that "a key provision of the legislation will make it clear that discrimination occurs not just when the decision to discriminate is made, but also when someone becomes subject to that discriminatory decision, and when they are affected by that discriminatory decision, including each time they are issued a discriminatory paycheck", as said by Rep. Miller.
Republicans immediately opposed the bill as drafted, with Education and Labor Committee
ranking member
In United States politics, a ranking member is the most senior member of a congressional or state legislative committee from the minority party. On many committees the ranking minority member, along with the Chair, serve as ''ex officio'' members ...
Howard McKeon
Howard Philip "Buck" McKeon (born September 9, 1938) is an American politician who served as a U.S. representative from California's 25th congressional district from 1993 to 2015. He is a member of the Republican Party. He is a former chairman of ...
raising the issue that business executives would be held liable for actions taken by managers who weren't leading the company anymore: "At the end of the day, such a loophole conceivably could allow a retiring employee to seek damages against a company now led by executives who had nothing to do with the initial act of discrimination".
The
American Bar Association
The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities are the setting of acad ...
passed a resolution supporting the new bill.
Neal Mollen, who represented the
United States Chamber of Commerce in the Ledbetter case, argued that extending the term limit would put a strain on the chances of an adequate defense for the employers, as to defend themselves one "has to rely on documents and the memory of individuals, and neither of those is permanent. If a disappointed employee can wait for many years before raising a claim of discrimination ... he or she can wait out the employer, that is ensure that the employer effectively unable to offer any meaningful defense to the claim".
Organizations that supported the bill include the following:
American Civil Liberties Union
The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...
,
AFL–CIO,
American Federation of Teachers,
National Education Association,
American Rights at Work,
American Library Association
The American Library Association (ALA) is a nonprofit organization based in the United States that promotes libraries and library education internationally. It is the oldest and largest library association in the world, with 49,727 members a ...
,
People For the American Way,
Leadership Conference on Civil Rights
The Leadership Conference on Civil and Human Rights (The Leadership Conference), formerly called the Leadership Conference on Civil Rights, is an Umbrella organization, umbrella group of United States, American civil rights interest groups.
Org ...
,
National Employment Lawyers Association,
Hadassah,
National Women's Law Center
The National Women's Law Center (NWLC) is a United States non-profit organization founded by Marcia Greenberger in 1972 and based in Washington, D.C. The Center advocates for women's rights and LGBTQ rights through litigation and policy initiati ...
,
National Network to End Domestic Violence,
Center for Inquiry - Washington DC,
American Association of University Women
The American Association of University Women (AAUW), officially founded in 1881, is a non-profit organization that advances equity for women and girls through advocacy, education, and research. The organization has a nationwide network of 170,000 ...
,
Alliance for Justice
Alliance for Justice (AFJ) is a progressive judicial advocacy group in the United States. Founded in 1979 by former president Nan Aron, AFJ monitors federal judicial appointments. AFJ represents a coalition of 100 politically leftist groups that ...
,
Legal Momentum
Legal Momentum, founded in 1970, is a 501(c)(3) nonprofit and the nation's first and longest-serving legal advocacy group for women in the United States. Betty Friedan and Muriel Fox were its co-founders and Muriel Fox is an ongoing leader of the ...
,
Bazelon Center for Mental Health Law
The Bazelon Center for Mental Health Law is a national legal-advocacy organization representing people with mental disabilities in the United States. Originally known as The Mental Health Law Project, the Center was founded as a national public-in ...
,
National Partnership for Women and Families
The National Partnership for Women & Families is a nonprofit, nonpartisan 501(c)3 organization based in Washington, D.C. Founded in 1971, the National Partnership works on public policies, education and outreach that focuses on women and familie ...
,
Coalition of Labor Union Women
The Coalition of Labor Union Women (CLUW) is a nonprofit, nonpartisan organization of trade union women affiliated with the AFL-CIO. The CLUW is a bridging organization that seeks to create connections between the feminist movement and the labor ...
Moms Rising National Organization for Women,
American Association of Retired Persons,
Women's Voices
A woman is an adult female human. Prior to adulthood, a female human is referred to as a girl (a female child or Adolescence, adolescent). The plural ''women'' is sometimes used in certain phrases such as "women's rights" to denote female hum ...
,
Women Vote Action Fund,
21st Century Democrats
21st Century Democrats is an American political organization founded by Senator Tom Harkin, commentator Jim Hightower and Congressman Lane Evans to help elect "Progressivism in the United States, progressive candidates.”
Background
21st Cent ...
,
9to5, National Association of Working Women
9to5, National Association of Working Women is an organization established in 1973 that is dedicated to improving working conditions and ensuring the rights of women and families in the United States.
The group has its origins in ''9to5 News'', ...
,
Service Employees International Union,
Religious Action Center of Reform Judaism
The Religious Action Center (RAC) is the political and legislative outreach arm of Reform Judaism in the United States. The Religious Action Center is operated under the auspices of the Commission on Social Action of Reform Judaism, a joint body of ...
,
Women Employed
Women Employed is a nonprofit advocacy organization based in Chicago, Illinois. Founded in 1973, Women Employed's mission is to improve women's economic status and remove barriers to economic equity. They promote fair workplace practices, increa ...
,
Women's League for Conservative Judaism
Women's League for Conservative Judaism (WLCJ) is the national representative body in the United States for women within Conservative Judaism
Conservative Judaism, known as Masorti Judaism outside North America, is a Jewish religious movemen ...
,
Union for Reform Judaism
The Union for Reform Judaism (URJ), known as the Union of American Hebrew Congregations (UAHC) until 2003, founded in 1873 by Rabbi Isaac Mayer Wise, is the congregational arm of Reform Judaism in North America. The other two arms established ...
,
National Council of Jewish Women,
Rabbinical Assembly,
Feminist Majority Foundation
The Feminist Majority Foundation (FMF) is a non-profit organization headquartered in Arlington County, Virginia, whose stated mission is to advance non-violence and women's power, equality, and economic development. The name Feminist Majority com ...
,
YWCA USA : ''For other uses, including specific buildings and chapters, see Young Women's Christian Association (disambiguation).''
YWCA USA is a nonprofit organization dedicated to eliminating racism, empowering women, and promoting peace, justice, freedo ...
,
National Gay and Lesbian Task Force Action Fund, and
National Council of La Raza.
Organizations that opposed the bill include the following:
U.S. Chamber of Commerce,
Eagle Forum
Eagle Forum is a conservative interest group in the United States founded by Phyllis Schlafly in 1972 and is the parent organization that also includes the Eagle Forum Education and Legal Defense Fund and the Eagle Forum PAC. The Eagle Forum has ...
,
Society for Human Resource Management,
National Association of Manufacturers,
American Bakers Association
American(s) may refer to:
* American, something of, from, or related to the United States of America, commonly known as the "United States" or "America"
** Americans, citizens and nationals of the United States of America
** American ancestry, pe ...
,
College and University Professional Association for Human Resources,
Associated Builders and Contractors
Associated Builders and Contractors (ABC) is a national U.S. trade association representing the non-union construction industry. ABC is an association of 69 chapters with more than 22,000 commercial contractors and construction-related firms amon ...
, and
American Hotel & Lodging Association
American(s) may refer to:
* American, something of, from, or related to the United States of America, commonly known as the "United States" or "America"
** Americans, citizens and nationals of the United States of America
** American ancestry, pe ...
.
Legislative history
![Barack Obama signs Lilly Ledbetter Fair Pay Act of 2009 1-29-09](https://upload.wikimedia.org/wikipedia/commons/5/58/Barack_Obama_signs_Lilly_Ledbetter_Fair_Pay_Act_of_2009_1-29-09.jpg)
The bill ( and ) was defeated in April 2008 by Republicans in the
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
who cited the possibility of frivolous lawsuits in their opposition of the bill and criticized Democrats for refusing to allow compromises.
The bill was reintroduced in the 111th Congress (as and ) in January 2009. It passed in the House of Representatives with 250 votes in support and 177 against. The vote was split along party lines, with three Republicans voting in favor (
Ed Whitfield of
Kentucky
Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia to ...
, and
Leonard Lance
Leonard John Lance (born June 25, 1952) is an American politician and attorney who served as the U.S. representative for , from 2009 to 2019. He ran for re-election in 2018, but was defeated by Democrat Tom Malinowski. He is a member of the Rep ...
and
Chris Smith both of
New Jersey
New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware ...
) and five Democrats voting against (
Travis Childers
Travis Wayne Childers (born March 29, 1958) is an American politician who served as the U.S. representative for from 2008 to 2011. The district included much of the northern portion of the state including New Albany, Columbus, Oxford, Southaven ...
of
Mississippi
Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Miss ...
,
Dan Boren
David Daniel Boren (born August 2, 1973) is the Secretary of Commerce for the Chickasaw Nation, based in Oklahoma. He is a retired American politician, who served as the U.S. Representative for from 2005 to 2013. The district included most of th ...
of
Oklahoma
Oklahoma (; Choctaw language, Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a U.S. state, state in the South Central United States, South Central region of the United States, bordered by Texas on the south and west, Kansas on the nor ...
,
Allen Boyd of
Florida
Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
,
Parker Griffith
Rolf Parker Griffith Jr. (born August 6, 1942) is an American retired physician, entrepreneur and politician who served in the Alabama State Senate from 2006 to 2008 and then as the U.S. representative for from 2009 to 2011.
A lifelong member o ...
of Alabama, and
Bobby Bright
Bobby Neal Bright Sr. (born July 21, 1952) is an American former lawyer, farmer, and former politician who served as a U.S. Representative and was previously the three term Mayor of Montgomery, Alabama. He served from 2009 to 2011 as the Represe ...
of
Alabama
(We dare defend our rights)
, anthem = "Alabama (state song), Alabama"
, image_map = Alabama in United States.svg
, seat = Montgomery, Alabama, Montgomery
, LargestCity = Huntsville, Alabama, Huntsville
, LargestCounty = Baldwin County, Al ...
).
The Senate voted 72 to 23 to invoke
cloture on S. 181 on January 15, 2009. The Lilly Ledbetter Fair Pay Act passed the Senate, 61-36, on January 22, 2009. Those in favor included every Democratic senator (except Edward Kennedy of Massachusetts, who was absent from the vote because of health issues), two independents who caucused with Democrats, and five Republican senators, including all four female Republicans in the senate:
Susan Collins (
Maine
Maine () is a state in the New England and Northeastern regions of the United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Canadian provinces of New Brunswick and Quebec to the northeast and north ...
),
Olympia Snowe
Olympia Jean Snowe (; born February 21, 1947) is an American businesswoman and politician who was a United States Senator from Maine from 1995 to 2013. Snowe, a member of the Republican Party, became known for her ability to influence the outcom ...
(
Maine
Maine () is a state in the New England and Northeastern regions of the United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Canadian provinces of New Brunswick and Quebec to the northeast and north ...
),
Kay Bailey Hutchison
Kay Bailey Hutchison (born Kathryn Ann Bailey; July 22, 1943) is an American attorney, television correspondent, politician, diplomat, and was the 22nd United States Permanent Representative to NATO from 2017 until 2021. A member of the Republi ...
(
Texas
Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
), and
Lisa Murkowski
Lisa Ann Murkowski ( ; born May 22, 1957) is an American attorney and politician serving as the senior United States senator for Alaska, having held that seat since 2002. Murkowski is the second-most senior Republican woman in the Senate, after S ...
(
Alaska
Alaska ( ; russian: Аляска, Alyaska; ale, Alax̂sxax̂; ; ems, Alas'kaaq; Yup'ik: ''Alaskaq''; tli, Anáaski) is a state located in the Western United States on the northwest extremity of North America. A semi-exclave of the U.S., ...
). Senator
Arlen Specter (
Pennsylvania
Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...
) was at the time a Republican and also voted in favor of the bill. Shortly thereafter, Senator Spector
switched parties Switched may refer to:
* Switched (band)
Switched (previously depicted as Sw1tched) was a nu metal band from Cleveland, Ohio.
History
Forming in 1999 as Sw1tch, the band played shows around Ohio and released a demo entitled ''Fuckin' Demo''. T ...
, joining the Democratic caucus in April 2009.
President Obama actively supported the bill. The
official White House blog said:
President Obama has long championed this bill and Lilly Ledbetter's cause, and by signing it into law, he will ensure that women like Ms. Ledbetter and other victims of pay discrimination can effectively challenge unequal pay.
House Majority Leader
Steny Hoyer
Steny Hamilton Hoyer (born June 14, 1939) is an American politician and attorney serving as the United States House of Representatives, U.S. representative for since 1981 and as House majority leader, House Majority Leader since 2019. A Democrat ...
announced that the House would vote on S. 181 (the bill passed by the Senate) during the week of January 26, getting the bill to President Obama's desk sooner rather than later. On January 27, the House passed S. 181 by a 250–177 margin.
On January 29, 2009, nine days after he took office, Obama signed the bill into law. It was the first act he signed as president, and it fulfilled his campaign pledge to nullify ''Ledbetter v. Goodyear''. However, by signing it only two days after it was passed by the House, he incurred criticism by newspapers, such as the ''
St. Petersburg Times
The ''Tampa Bay Times'', previously named the ''St. Petersburg Times'' until 2011, is an American newspaper published in St. Petersburg, Florida, United States. It has won fourteen Pulitzer Prizes since 1964, and in 2009, won two in a single ...
'' which mentioned his campaign promise to give the public five days of notice to comment on legislation before he signed it. The White House through a spokesman answered that they would be "implementing this policy in full soon", and that, currently they were "working through implementation procedures and some initial issues with the congressional calendar".
In 2017, the Trump administration announced it was ending an Obama-era rule that required businesses with over 100 employees to collect wage data by gender, race, and ethnicity.
References
See also
*
Equal Rights Amendment
The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution designed to guarantee equal legal rights for all American citizens regardless of sex. Proponents assert it would end legal distinctions between men and ...
{{Goodyear Company
Anti-discrimination law in the United States
United States federal civil rights legislation
Acts of the 111th United States Congress
Employee compensation in the United States
Presidency of Barack Obama
Goodyear Tire and Rubber Company
United States statutes that abrogate Supreme Court decisions