Alliance for Justice Praises Senate Passage of Fair Pay Legislation

Ledbetter Legislation Restores Key Protections for Working Americans

Washington, DC —Alliance for Justice commends the Senate for its passage of the Ledbetter Fair Pay Act, S.B. 181, legislation that will protect the rights of millions of working Americans. Alliance for Justice also applauds Senator Majority Leader Harry Reid (D-NV), Senator Edward Kennedy (D-MA), and Senator Barbara Mikulski (D-MD) for their efforts to ensure that the bill’s essential protections remained intact as it worked its way to final passage.

“Today’s Senate vote is a major victory in the ongoing fight for equal pay for equal work,” said Nan Aron, president of Alliance for Justice. “This vote demonstrates the Senate’s clear commitment to fairness, justice, and equality for all. We look forward to the day President Obama signs this important bill into law and vital protections for American workers are finally restored.”

The Ledbetter Fair Pay Act restores protections under Title VII that were eroded by the Roberts Court’s controversial 5-4 decision in Ledbetter v. Goodyear Tire.  Lilly Ledbetter, a hardworking woman from Gadsden, Alabama, discovered that she had systematically been paid far less than her male counterparts for years. She took Goodyear to court in order to receive the pay she'd rightfully earned during her years at the tire factory.  While a jury of her peers ruled in her favor, Goodyear appealed. 

The Supreme Court, in a decision that rejected not only long-standing legal precedent but fundamental common sense, ultimately rejected her claim.  The majority opinion, written by Justice Alito, ruled that Lilly should have filed her claim within 180 days of receiving her first discriminatory paycheck, regardless of whether or not she knew she was being paid less for the same work.  For years Lilly was unaware of Goodyear’s discriminatory pay practices; the company had a policy disallowing workers to discuss their pay.  Lilly only discovered Goodyear’s discrimination because of an anonymous tip.  Today’s passage of the Ledbetter Fair Pay Act restores common sense by requiring that a person file within 180 days of the time they discovered the discrimination, rather than uphold the omniscience standard set by the slim conservative majority on the Supreme Court.

A complimentary piece of worker protection legislation, the Paycheck Fairness Act, passed the House on Jan. 9, but is yet to be considered by the Senate. That bill closes loopholes that prevent the Equal Pay Act from achieving its full purpose of equal pay for equal work.

Aron concluded, “While we celebrate today’s victory, much work remains to be done to achieve full workplace equality. I urge the Senate to act quickly on the Paycheck Fairness Act, legislation that will put us even closer to realizing the full promise of the Equal Pay Act.”