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Report Link EEOC Revises Its Compliance Manual to Conform to Ledbetter Fair Pay Act.Jackson Lewis LLP - September 18, 2009 The Equal Employment Opportunity Commission has revised its Compliance Manual to implement the Lilly Ledbetter Fair Pay Act. The Act, passed earlier this year, overturned the U.S. Supreme Court’s holding in Ledbetter v. Goodyear Tire & Rubber Co., 550 US 618 (2007), which held that a charge of compensation discrimination under Title VII of the 1964 Civil Rights Act, the Americans with Disabilities Act, the Rehabilitation Act or the Age Discrimination in Employment Act must be filed within 180 or 300 days of the first alleged “discriminatory” paycheck, depending upon whether the state has a state fair employment practice (“deferral”) agency. Under the Court’s decision, subsequent “discriminatory” wage payments did not resuscitate the prior filing period under the “continuing violation” theory. The Act, which significantly expanded the relevant statute of limitation, is retroactive to May 28, 2007, (the day before the Supreme Court’s decision) and permits suit as to pay discrimination claims pending on or after that date. Report Link Ledbetter Act Prompts EEOC to Give Aggrieved Employees New Chance to Sue in Closed Cases.Jackson Lewis LLP - July 10, 2009 Some complainants in Equal Employment Opportunity Commission’s closed cases that involved wage issues may receive new right-to-sue notices from the agency. The Commission seems to be reviewing these cases in response to the signing of the Lilly Ledbetter Fair Pay Act early this year. This is an important development for employers because Congress has provided that individuals may file a civil action within 90 days after the notice of right to sue is given by the EEOC. 29 C.F.R. § 1601.28(e)(1). Thus, a new right-to-sue notice statutorily confers on claimants an additional 90 days to commence suit in cases that would have been barred by the original statute of limitations. Report Link Employee's Title VII Claim is Time-Barred Despite Lilly Ledbetter Fair Pay Act, Third Circuit Rules.Jackson Lewis LLP - June 15, 2009 Affirming summary judgment in favor of an employer, a federal appeals court in Philadelphia has held that a plaintiff’s Title VII claim that her employer discriminated against her on the basis of gender by denying her a requested pay raise in violation of Title VII of the Civil Rights Act of 1964 was time-barred. The U.S. Court of Appeals for the Third Circuit reached this conclusion despite passage of the Lilly Ledbetter Fair Pay Act, which aids aggrieved employees in bringing suits for pay discrimination, but which the panel found was inapplicable. Report Link Paying a Male Replacement More than a Female Incumbent Can Lead to Liability.Buchanan Ingersoll & Rooney PC - June 03, 2009 Employers should carefully review their compensation programs to ensure that legitimate, non-discriminatory reasons justify any material wage differentials between employees in the same job classifications, and wage rates that are below the current market rate. In Drum v. Leeson Electric Corp., 2009 WL 1350737 (8th Cir. May 15, 2009), the Court of Appeals ruled that a female human resources manager could proceed with her Equal Pay Act, Title VII and Missouri Human Rights Act claims for unequal pay because, in the court's view, the mere fact that the employer had to pay a higher, market rate to secure her replacement did not satisfy the employer's burden of proving that the plaintiff had been paid a below-market rate for reasons other than her gender. Report Link Appeals Court Gives "Glass Ceiling" Pay Discrimination Lawsuit Okay to Proceed.Jackson Lewis LLP - June 03, 2009 Reversing summary judgment in favor of the employer in a pay discrimination case under the Equal Pay Act, a federal appeals court in Cincinnati has held that the plaintiff raised a genuine factual issue warranting a trial over whether she performed substantially equal work for less pay than male co-workers. Report Link Good Salary Negotiation Skills Do Not Justify Pay Disparities.Littler Mendelson, P.C. - June 03, 2009 On May 15, 2009, the Eighth Circuit Court of Appeals held in Drum v. Leeson Electric Corp., No. 08-1678, that an employer had not satisfied its burden of proving that a wage disparity between a male and a female employee was based on a factor other than sex merely by showing the male employee had negotiated a higher salary, i.e., where the male had benefited from a market-driven pay situation. In reaching its decision, the Eighth Circuit reversed a grant of summary judgment for the employer on the plaintiff's claims under the Equal Pay Act, Title VII of the Civil Rights Act of 1964, and the Missouri Human Rights Act. Report Link Eternity in Purgatory or Payment for Past Sins: The Lilly Ledbetter Fair Pay Act of 2009 in Action.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - May 28, 2009 As most employers know, the newly-enacted Lilly Ledbetter Fair Pay Act of 2009 (Fair Pay Act) increases the potential liability for employers for past wage discrimination, whether intentional or unintentional. Two recent cases illustrate how far back an employer's potential liability may reach. Report Link A Little Bitty Limit on Ledbetter.Constangy, Brooks & Smith, LLP - May 20, 2009 Since January 2009, employers and their lawyers have been waiting to see just how dramatic the impact of the Lilly Ledbetter Fair Pay Act will be. Today, in AT&T Corp. v. Hulteen, the Supreme Court limited the application of the Act, but the limitation is unlikely to apply to most employers. Report Link Who In The Heck Is Lilly Ledbetter?Fisher & Phillips, LLP - May 07, 2009 In recent weeks, there has been a lot of media attention given to the new "Lilly Ledbetter Fair Pay Act." Who is Lilly Ledbetter and what, if anything, does this Act mean for dealerships? Report Link Ledbetter Act Requires Employer Action Now.Fredrikson & Byron, P.A. - April 20, 2009 The Lilly Ledbetter Fair Pay Act of 2009 became law when signed by President Barack Obama on January 29, 2009 (Ledbetter Act). While relatively short in length, the Ledbetter Act has broad application for employers and likely will result in significantly more wage discrimination claims going forward. At minimum, and as explained in more detail below, the Ledbetter Act means employers need to conduct a privileged audit of their compensation practices to identify and resolve any potential discriminatory pay issues. Employers also need to review their procedures for setting employee compensation, both upon hire and during employment, to ensure that those decisions are non-discriminatory, and must create and maintain documentation showing that to be the case. Report Link The Ledbetter Fair Pay Act - What Every Employer Needs To Know.Ogletree Deakins - April 14, 2009 On January 29, 2009, President Barack Obama signed into law the Lilly Ledbetter Fair Pay Act. The Act requires employers to redouble their efforts to ensure that their pay practices are non-discriminatory and to make certain that they keep the records needed to prove the fairness of pay decisions. Report Link President Obama Launches Labor Law Reform (Part I) (pdf).Ballard Rosenberg Golper & Savitt - March 09, 2009 Labor law reform was a central promise of
candidate Obama’s platform, and President
Obama made good on it just nine days into
office.
On Jan. 29, the new president signed his first
bill into law—“The Lilly Ledbetter Fair Pay
Act of 2009.” Named after a former Goodyear
Tire and Rubber employee who lost her pay
discrimination case in the Supreme Court last
year, the new law makes it significantly easier
for employees like Ledbetter to sue for pay discrimination. Report Link LILLY LEDBETTER'S GOOD YEAR.Shaw Valenza LLP - February 17, 2009 The Lilly Ledbetter Fair Pay Act of 2009 amends the statutes of limitations applicable to Title VII of the Civil Rights Act, the Age Discrimination in Employment Act of 1967, the Americans With Disabilities Act of 1990 and the Rehabilitation Act of 1973. The law overturns the U.S. Supreme Court's 5-4 decision in Ledbetter v. The Goodyear Tire and Rubber Company, 550 U.S. 618 (2007). One of the first bills passed by the new Congress, President Obama signed it into law on Jan. 29. Report Link PRESIDENT OBAMA SIGNS “LILLY LEDBETTER FAIR PAY ACT”.Ballard Rosenberg Golper & Savitt - February 11, 2009 On January 29, 2009, President Barack Obama signed a law making it significantly easier for employees to file job bias claims in connection with compensation. The "Lilly Ledbetter Fair Pay Act of 2009" is the first bill passed by Congress to be signed into law by the new president. Report Link Preliminary Guidance on Ledbetter Fair Pay Act.Ogletree Deakins - February 10, 2009 On January 29, 2009, President Barack Obama signed the Lilly Ledbetter Fair Pay Act. The Act will require employers to redouble their efforts to ensure that their pay practices are non-discriminatory and to make certain that they keep the records needed to prove the fairness of their pay decisions. Report Link President Signs Federal Fair Pay Act.Barker Olmsted & Barnier - February 04, 2009 In a move that could lead to a significant increase in employment litigation, on January 29th President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 into law. Notably, it was the first act that he signed into law upon taking office. The Act negates a 2007 U.S. Supreme Court decision relating to the statute of limitations (deadline to sue) for pay discrimination claims. The case was titled Ledbetter v. Goodyear Tire & Rubber Co., Inc. This article highlights the new law’s provisions. Report Link Ledbetter Fair Pay Act Signed (pdf).Phelps Dunbar LLP - February 04, 2009 On January 29th, President Obama signed the Lilly
Ledbetter Fair Pay Act (Pub. L. No. 111-2). The Act
overturns a 2007 Supreme Court decision addressing
the time limit for workers to file pay discrimination
claims. Under the Act, the time limit for pay
discrimination claims will now start anew each time a
paycheck is issued, permitting employees to bring claims
for pay decisions made years or even decades earlier. Report Link Congress Overrules U.S. Supreme Court Decision on Wage Bias ClaimsGray Plant Mooty - February 03, 2009 On January 29th, 2009, President Obama signed into law a bill, the “Lilly Ledbetter Fair Pay Act of 2009” that amends federal employment discrimination laws to make clear that a violation of the anti-discrimination laws occurs each time a paycheck that is the product of illegally discriminatory practices is issued. This is true even if the actual discriminatory decision or program affecting the computation of the paycheck was made or set up in the past. As a result, employers should take care to review all compensation and the decisions that established the compensation and modify record retention policies relating to documents reflecting compensation decisions. Report Link The New Lilly Ledbetter Act Expands Employees' Ability to Recover for Discriminatory Disparities in Pay and Benefits.Buchanan Ingersoll & Rooney PC - February 03, 2009 On January 29, 2009, President Barack Obama signed the Lilly Ledbetter Fair Pay Restoration Act (Act). The Act overturns the U.S. Supreme Court's 2007 decision in Ledbetter v. Goodyear Tire & Rubber Co. and makes it easier for employees to recover on claims for historical discriminatory disparities in pay and benefits. Under the Act, the charge-filing periods of 300/180 days will be triggered each time compensation is paid pursuant to a discriminatory compensation or practice. Report Link New Pay Laws Will Lead to More Litigation.Fisher & Phillips, LLP - February 03, 2009 A new year, coupled with a new administration, means new legislation. Even though 2009 is barely a month old, the House of Representatives has already approved two bills which are significant to employers and their workforce. The Lilly Ledbetter Fair Pay Act and the Paycheck Fairness Act passed the House in January, and are aimed at reducing the discrepancy in employment compensation between women and men. Report Link Fair Pay Act Extends Employer Liability for Compensation Claims (pdf).Vedder Price - February 02, 2009 Reversing a 2007 U.S. Supreme Court decision, President Obama signed a law today extending the time for employment discrimination claimants to fi le charges of pay discrimination. Report Link New Legislation Likely to Facilitate More Pay Discrimination Lawsuits.Elarbee, Thompson, Sapp & Wilson, LLP. - February 02, 2009 On Thursday, January 29, 2009, President Obama signed legislation extending the timeframe in which employees may sue their employers under federal law for pay discrimination. The Lilly Ledbetter Fair Pay Act of 2009 effectively provides that employees may file an administrative charge of discrimination with the U.S. Equal Employment Opportunity Commission alleging pay discrimination under the Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act up to 180 days (or up to 300 days in deferral states) after they receive any paycheck that they allege is discriminatory. Report Link Fair Pay Act Now Law.Fisher & Phillips, LLP - January 30, 2009 Today President Obama signed into law the Lilly Ledbetter Fair Pay Act which expands the time period in which employees can pursue discrimination claims related to employment compensation. This will result in a substantial increase in the number of pay-related lawsuits. Report Link Lilly Ledbetter Fair Pay Act of 2009 Becomes Law.Jackson Lewis LLP - January 30, 2009 President Barack Obama has signed into law the “Lilly Ledbetter Fair Pay Restoration Act of 2009,” the first piece of legislation signed by the President. The law (S. 181) was introduced by Senator Barbara Mikulski (D-MD) and was passed by the Senate on January 22, 2009. It cleared the House of Representatives on January 27, 2009. The new law, signed on January 29, 2009, rejects the U.S. Supreme Court’s decision in Ledbetter v. Goodyear Tire & Rubber Co., holding that the charge-filing deadline on Title VII compensation discrimination claims begins to run on the date of the first allegedly discriminatory pay decision. Report Link Goodbye, Statute Of Limitations!Constangy, Brooks & Smith, LLP - January 30, 2009 President Barack Obama, in the first such act of his term, has signed into law the Lilly Ledbetter Fair Pay Act, which will dramatically lengthen the statute of limitations in certain discrimination cases. Report Link Paycheck Rule Revived for Pay Discrimination Claims with Signing of the Lilly Ledbetter Fair Pay Act.Littler Mendelson, P.C. - January 30, 2009 The first workplace bill to reach President Barack Obama's desk is a pay-related law. Just days after the inauguration, on January 29, 2009, President Obama signed the Lilly Ledbetter Fair Pay Act into law, which is retroactively effective May 28, 2007. The swift enactment of the Ledbetter Act is not surprising since Lilly Ledbetter was a fixture in the Obama campaign. The Ledbetter Act expressly overturns the U.S. Supreme Court's 2007 decision in Ledbetter v. Goodyear Tire & Rubber Co., Inc., 127 S. Ct. 2162 (2007). In that case, the U.S. Supreme Court expressly rejected the "paycheck rule," i.e., that every paycheck issued was a separate act of discrimination. By doing so, the Supreme Court decision established a limited timeframe in which employees could bring pay discrimination claims. The Supreme Court decided that employees were required to file pay discrimination claims with the U.S. Equal Employment Opportunity Commission (EEOC) within 180 days of the original discriminatory pay-setting decision, even if the violation continued to affect the employee's compensation long after the 180-day period expired. Report Link New Legislation Likely to Facilitate More Pay Discrimination Lawsuits.Elarbee, Thompson, Sapp & Wilson, LLP. - January 30, 2009 On Thursday, January 29, 2009, President Obama signed legislation extending the timeframe in which employees may sue their employers under federal law for pay discrimination. The Lilly Ledbetter Fair Pay Act of 2009 effectively provides that employees may file an administrative charge of discrimination with the U.S. Equal Employment Opportunity Commission alleging pay discrimination under the Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act up to 180 days (or up to 300 days in deferral states) after they receive any paycheck that they allege is discriminatory. The new act likewise modifies 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." Report Link President Signs Ledbetter Fair Pay Act.Ogletree Deakins - January 30, 2009 On January 29, President Obama signed the Lilly Ledbetter Fair Pay Act, only two days after Congress passed the law (see Ogletree Deakins’ January 27, 2009 E-Alert). The Fair Pay Act is the first law passed by the new Congress and the first law signed by President Obama. Civil rights groups and their union supporters hailed the symbolism of the Act’s “first law passed and signed” status. Report Link House Moves Paycheck Fairness Act Forward, Citing Lingering Pay Inequality.Jackson Lewis LLP - August 06, 2008 The House of Representatives has passed the Paycheck Fairness Act by a vote of 247-178. If enacted, the legislation would significantly alter key provisions of the Equal Pay Act of 1963 ("EPA"), which amended the Fair Labor Standards Act of 1938 ("FLSA") to "prohibit discrimination on account of sex in the payment of wages by employers." Report Link Men, Women, and Money: Negotiating for More than Small Change.Knowledge@Wharton (Reg Required) - February 10, 2004 American women still earn, on average, 75 cents for every dollar earned by American men. Why?
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