President Obama Signed the Lilly Ledbetter Fair Pay Act into Law

by Pythiian1 | January 29, 2009 at 04:04 pm
629 views | 49 Recommendations | 10 comments

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President Obama Signed the Lilly Ledbetter Fair Pay Act -Photo-01

President Obama Signed the Lilly Ledbetter Fair Pay Act -Photo-01

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President Obama's remark on Jan.29, 2009 before signing his first piece of legislation into law.

Signing this bill today is to send a clear message:  that making our economy work means making sure it works for everybody; that there are no second-class citizens in our workplaces; and that it's not just unfair and illegal, it's bad for business to pay somebody less because of their gender or their age or their race or their ethnicity, religion or disability; and that justice isn't about some abstract legal theory, or footnote in a casebook. It's about how our laws affect the daily lives and the daily realities of people:  their ability to make a living and care for their families and achieve their goals.    

Today, Jan.29, President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 into law since becoming president nine days ago, which will enable workers to sue for pay discrimination based on gender, age, ethnicity, and religion. 

The legislation would allow aggrieved workers to file a lawsuit for up to six months after receiving any paycheck that deemed discriminatory toward them.  The public can read the full text of the Lilly Ledbetter Fair Pay Act of 2009

In other words, this Act empowers an aggrieved employee to file a suit against the company for pay parity.  In turn, the Ledbetter Act may serve as a warning to those companies that are still practicing pay disparity with impunity. 

The bill was named after Ms. Lilly Ledbetter, now at the age of 70, who discovered late in her career that the male supervisors at the Goodyear Tire & Rubber plant where she worked in Alabama were paid 40% more for doing the same work. She sued the company to recover the pay owed to her and the jury voted in favor of her suit. 

The Supreme Court, however, in a 5-4 vote, ruled against her suit for a full and equitable pay.  It was deemed invalid as Ms. Ledbetter filed her suit outside of the specified time.  Therefore, the court ruled that she could only recover the first 180 days of the pay-disparity.

It is named for Lilly Ledbetter, who after years as a manager at Goodyear Tire & Rubber discovered she was being paid less than her male counterparts. She filed suit and won a jury verdict in 2003. But the lawsuit was deemed invalid because it wasn't filed within six months of when the discrimination -- unknown to Ledbetter at the time -- began.

United States Senator Barbara Mikulski (D-Md) was the primary sponsor of the bill.  President Obama signed into law a significantly powerful tool to fight discrimination.  He was surrounded by House Speaker Nancy Pelosi and Secretary of State Hillary Clinton, and with the new law's namesake, Ms. Lilly Ledbetter, at his side. 

The President spoke about the significance of the Lilly Ledbetter Fair Pay Act as he recalled his grandmother's experience of working in a bank to support him and his sister.  

That is what Lilly Ledbetter challenged us to do. And today, I sign this bill not just in her honor, but in the honor of those who came before -- women like my grandmother, who worked in a bank all her life, and even after she hit that glass ceiling, kept getting up and giving her best every day, without complaint, because she wanted something better for me and my sister.

The Lilly Ledbetter Fair Pay Act was signed in the East Room followed by a reception in the State Dining Room of the White House.  The ceremony also marked First Lady Michelle Obama’s policy debut; she spoke afterward in a reception in the State Dining Room, where she called Ms. Ledbetter “one of my favorite people."

First Lady Michelle Obama's remark in honor of the Ledbetter Fair Pay Act of 2009:

I had the opportunity to meet Lilly during the campaign and to hear her story. First of all, she is one of my favorite people in the whole wide world. Anyone who meets Lilly can't help but be impressed by her commitment, her dedication, her focus. 

In traveling across the country over the past two years, Lilly's story and the broader issue of equal pay was a concern voiced over and over and over again. It was a top and critical priority for women of all racial and ethnic backgrounds -- older women, younger women, women with disabilities, and their families. This legislation is an important step forward, particularly at a time when so many families are facing economic insecurity and instability.

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lefty_liberated

wow

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lefty_liberated


1
Tina Kells

So I am curious, will this help its namesake recover ALL of her owed parity back payments, or is it too late for her? 

Also, the 6 month stipulation, is that 6 months from receiving the first "unfair" pay check, 6 months after getting the last, or 6 months after learning of any disparity?

Thanks for this post, it is really well written.


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Pythiian1

Thanks Tina for reading my piece and commenting.  Ms. Ledbetter won't be able to recover her parity pay since the Supreme Court had already made its final decision.   She lost several hundred thousand of dollars and pension money. 

The time period allows an aggrieved employee up to six months after finding out about the pay disparity.  Ms. Ledbetter did not file her suit immediately after the discrimination, i.e.finding out about her pay disparity, but filed outside the time (as in years) after the discrimination had occurred., therefore her suit was deemed invalid by the Supreme Court even though she won the jury verdict.  She received pay for 180 days, as ruled by the Supreme Court.   

The new law allows an aggrieved employee to file and if ruled favorably, she/he would receive compensation up to two years of back pay, provided that the suit has merits.  

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158

Good report.  This law was needed.

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gerrypopplestone

Good post!  I think it's about time that the US had proper equality at work legislation.  In Europe we've had it for some time, and I know that the laws are heavily used.  It means that people don't need to go through expensive court cases but can  point to the Act with their employers.  It is backed up here by Tribunals where yiou can go and state your arguments without having to pay.  Going to Court can be an expensive process and few are able to afford that, at the bottom.  So this law needs proper facilities to enable poor people to invoke it effectively.

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Pythiian1

Thank you 158 and gerrypopplestone for reading and commenting on the Ledbetter Fair Pay Act of 2009. 

With due respect, gerrypopplestone, I think there is a slight misinterpretation of this act, in America, there is the EEOC, but this Fair Pay Act is an important tool to protect the aggrieved employee to file a suit to recover equitable pay that is on par with another person who is doing the same job.  The US President mentioned that this Act is to complement existing equal opportunity laws. 

This Act empowers the aggrieved employees to file a suit against the company for pay parity.  In turn, the Ledbetter Act can also serve as a warning to those companies that are still practicing pay disparity with impunity. 


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caj1

Thank you for your added comment, Pythiian1.  It helps to understand the bill, now enacted as law. I have worked in both private and public sectors. My issue with the private sector has always been, how do we know what our peers are making (salary-wise)? Only in the public sector, have I actually known what salaries peers or supervisors have made. I hope the Fair Pay Act improves what we know about pay in the private sector. Finally, I gather, or I am guessing that unions were not a factor in story of Lily Ledbetter''s fight for fair pay?  If unions were involved, please inform us how they were involved, as I did not hear this in Pres. Obama's announcement.

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mtammas

As President Obama plans his visit to Canada, could pay equity be put on the agenda - please? The Harper Conservatives could use a lesson in gender equality.

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Pythiian1

Thanks mtammas for your recommendation and comment.  I'm sorry, but he's an American President so there's little chance that he'd dip into Canadian domestic issues ...

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