Home > ADR, EEOC, Employment Law, Mediation > Lilly Ledbetter Fair Pay Act

Lilly Ledbetter Fair Pay Act

On January 22, 2009, the United States Senate passed The Lilly Ledbetter Fair Pay Act, in response to the United States Supreme Court’s decision in Ledbetter v. Goodyear Tire & Rubber Co., 421 F. 3d 1169 (May 29, 2007), where the Supreme Court had ruled that employees who have a pay discrimination claim must file the EEOC sex discrimination charge within 180 days of the employer’s original discriminatory pay event.

In an opinion written by Justice Alito, the Court found that this ruling applied even when the employee went on to receive decreased paychecks during her career and did not discover she had been discriminated against until much later than the issuance of the original paycheck.

Senate Bill 181 is summarized in its title description as follows:

“A bill to amend title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967, and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973, to clarify that a discriminatory compensation decision or other practice that is unlawful under such Acts occurs each time compensation is paid pursuant to the discriminatory compensation decision or other practice, and for other purposes.”

The Senate Bill will go to the House where it is expected to be passed and presented to President Obama for his signature.  The passage of this act will allow an employee to file unequal pay discrimination claims within 180 days after any discriminatory paycheck.  In other words, the statute of limitations does not begin to run just once at the time of the original discriminatory paycheck, but begins to run again with each successive paycheck.

Many believe that this act could lead to more unequal pay claims by employees against employers nationwide and in West Virginia.

My plan is to share information like this with my readers — be they employees, employers or attorneys — in a brief, yet meaningful way.  To hire me as an employment law mediator — click here “Mediating with Keith Jones”

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