Fair Pay Restoration Act

The May, 2007 Supreme Court decision in the Ledbetter vs. Goodyear Tire & Company case was a huge setback for workingwomen. The Supreme Court ruled that Ledbetter’s complaint of pay discrimination was outside of the 180 day time limit to file a complaint under Title VII. The Supreme Court held that this period runs from the date the employer makes a pay-setting decision, and not the date that the employee actually receives a paycheck with a discriminatory wage, even if the effects of the discrimination were not fully apparent to the worker at the time.

In July, 2007 the House passed the Ledbetter Fair Pay Act (H.R. 2831). Now the bill is pending in the Senate and it has been named the Fair Pay Restoration Act (S. 1843). The Fair Pay Restoration Act has the same language as the Ledbetter Fair Pay Act. Both bills would overturn this damaging Supreme Court decision and reinstate the “paycheck accrual rule,” under which each discriminatory paycheck triggers a new claim filing period. Passing the bill is essential to ensure that those subject to pay discrimination can effectively protect their rights.

Contact your Senators today about supporting the Fair Pay Restoration Act!

Subject:

Dear [ Decision Maker ],

(Edit Letter Below)

As a member of Business and Professional Women/USA, I urge you to support the Fair Pay Restoration Act (S. 1843).

The May, 2007 Supreme Court decision in the Ledbetter vs. Goodyear Tire & Company case was a huge setback for workingwomen. The Supreme Court ruled that Ledbetter's complaint of pay discrimination was outside of the 180 day time limit to file a complaint under Title VII.  The Supreme Court held that this period runs from the date the employer makes a pay-setting decision, and not the date that the employee actually receives a paycheck with a discriminatory wage, even if the effects of the discrimination were not fully apparent to the worker at the time.

Congress has responded with legislation that addresses the 180 day time limit by amending title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, 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.

Wage disparity happens incrementally and subtlety over time through denied promotions and lower pay so women should not be held to a timeline in order to get the back pay and compensation they deserve.  Often women do not learn about being paid unfairly until after the 180-day deadline period or they are afraid to let their employer know about the wage disparity when they are on the job for fear of being fired.

Women do not just receive one discriminatory paycheck but many, and this builds up over time with lower promotions and less to save for retirement. The Ledbetter Fair Pay Act would give women a fairer chance to prove that they have been paid unfairly over a period of time through multiple biased paychecks.

Thank you for your support of this important legislation.

Sincerely,
[Your name]
[Your address]

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