Pay Equity Legislation

[Excerpt] The issue of pay equity has attracted substantial attention in recent Congresses. A number of measures, including bills that would provide additional remedies, mandate “equal pay for equivalent jobs,” or require studies on pay inequity, have been introduced in each of the last several congressional sessions. In the 111th Congress, similar legislation has been introduced, including the Paycheck Fairness Act (H.R. 12/S. 182/S. 3772), the Fair Pay Act (H.R. 2151/S. 904), and the Title VII Fairness Act (S. 166). In addition, on January 29, 2009, President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 (H.R. 11/S. 181). This legislation supersedes the 2007 Supreme Court decision in Ledbetter v. Goodyear Tire & Rubber Co., Inc., by amending Title VII to clarify that the time limit for suing employers for pay discrimination begins each time they issue a paycheck. Although the House of Representatives passed both the Ledbetter legislation and the Paycheck Fairness Act as a combined package, the Senate did not combine the two bills and has not yet taken up the latter for a vote. Recently, however, Senator Reid reintroduced the Paycheck Fairness Act as S. 3772, and the bill has been placed on the Senate calendar

Income Disparity, Gender Equality, and Free Expression

In the past half century, our world has experienced a radical change comparable to the Industrial Revolution of the nineteenth century. At least five elements are key: growing disparity of human opportunity, advance of formal human rights and equality, information transformation, economic globalization, and climate change. My focus is on economic disparity and gender equality in the United States. These two issues, huge in and of themselves, interact with the other cataclysmic changes of our time

\u3cem\u3eFait Accompli\u3c/em\u3e?: Where the Supreme Court and Equal Pay Meet a Narrow Legislative Override under the Lilly Ledbetter Fair Pay Act

This Comment argues the Lilly Ledbetter Fair Pay Act’s consequences will be minimally felt, so long as the Act is narrowly construed. The Comment suggests congressional action was appropriate after the Supreme Court’s Ledbetter decision and discusses the political and legislative debate leading to the Act. In addition, the Comment analyzes the Act in application, exploring its meaning, implications, and function. The Comment argues that the concerns and consequences arising from the enactment of the Act can be alleviated and avoided by a narrow interpretation of its amendment to Title VII of the Civil Rights Act. Finally, the Comment recommends a narrow interpretation of the Act that will ensure that employment-litigation rates will not drastically increase, will solve the problems posed by current paycheck schemes, and will finally realize fair pay for all Americans

Working women and the Lilly Ledbetter Act: a case study on misleading rhetoric of equal pay

Since the passage of the Equal Pay Act of 1963, the wage gap in the United States has only decreased by eighteen cents; signaling that the battle over fair pay for women has gone on for too long. I argue that the neoliberal rhetoric around equal pay has to change to an intersectional approach where women can make legal claims based on many experiences of discrimination. I use the Lilly Ledbetter Paycheck Fairness Act as a case study to examine the history of equal pay in the United States and to provide recommendations on the future of equal pay