Lawmakers attempting to nullify the Ledbetter v. Goodyear Supreme Court decision, yesterday heard from several witnesses who oppose and support the Court's May 29 ruling making it more difficult for people to file pay discrimination claims. Lilly Ledbetter, the plaintiff in the case, told lawmakers at a House Education and Labor Committee hearing that the discrimination she experienced as a Goodyear manager in Alabama wasn't constrained to the workplace. It took its toll at home. "What happened to me is not only an insult to my dignity, but it had real consequences for my ability to care for my family. Every paycheck I received, I got less than what I was entitled to under the law. The Supreme Court said that this didn't count as illegal discrimination ... That isn't right," testified Ledbetter, according to House transcripts.
Ledbetter was joined by representatives from the Leadership Conference on Civil Rights, which is calling for a legislative remedy to the Court decision, and the U.S. Chamber of Commerce, which is poised to fight any legislation that would expand the filing deadline for pay cases. (You can find a transcript of the testimonies here). Both women's and civil rights groups have been lobbying for a congressional remedy while many business groups are vying to keep their Court victory.
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June 13, 2007
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The court's decision wasn't that huge a victory for business to begin with.
It only affected one pay discrimination statute: Title VII.
It didn't change the fact that other pay discrimination statutes have much longer statutes of limitations.
The Equal Pay Act has a statute of limitations of 3 years.
The Supreme Court noted that Ledbetter could just as easily have sued under the Equal Pay Act.
42 USC 1981, which bans racial discrimination, including racial discrimination in pay, has a 4 year statute of limitations.
Since employees can still sue for pay discrimination without much difficulty, it's not clear why there needs to be a "Congressional fix."
Posted by: Hans Bader | June 13, 2007 at 05:38 PM