Lilly Ledbetter Fair Pay Act: Take Action Now PDF Download

Author:
Publisher: Business & Legal Reports, Inc.
ISBN: 1556455127
Category :
Languages : en
Pages : 32

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Author: Charles A. Sullivan
Publisher:
ISBN:
Category :
Languages : en
Pages : 45

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If applied literally, the Lilly Ledbetter Fair Pay Act has the potential to radically change the landscape for litigating claims under Title VII and other antidiscrimination laws. While limited to discrimination in compensation, as opposed to discrimination in other terms and conditions of employment, the FPA removes the statute of limitations not only for compensation decisions per se but for any “other practice” affecting compensation. Further, the new law is explicitly retroactive. Thus, a failure to promote plaintiff twenty years ago would seem to be actionable today, so long as the nonpromotion has an effect on current compensation. While the statute has a liability- limiting provision, capping backpay at two years before the filing of an EEOC charge, the potentially enormous financial costs of the new law are sure to trigger a variety of responses from employers, ranging from interpretation disputes about the sweep of the new law, to constitutional challenges, to the FPA's retroactive application, to raising the defense of laches, which has been barely developed in this context.This Article analyzes the new statute, generally concluding that its most radical implications are, in fact, the correct interpretation of the law and that, so read, Congress acted well within its constitutional powers in making the Fair Pay Act retroactive. Ironically, the justices who read Title VII as it was originally enacted to impose a strict limitations period, an interpretation that triggered the Lilly Ledbetter Fair Pay Act override, will be compelled by their own approach to statutory interpretation to read the Act as it is written. The Article does recognize, however, that laches may limit the impact of the new statute - most obviously where the plaintiff was aware both of the adverse employment action at the time it was taken and of the probability that that action was discriminatory.

Author: Lilly Ledbetter
Publisher: Crown
ISBN: 0307887944
Category : Biography & Autobiography
Languages : en
Pages : 290

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The inspiring story of the woman at the center of the historic discrimination case that inspired the Lilly Ledbetter Fair Pay Restoration Act, her fight for equal rights in the workplace, and how her determination became a victory for the nation Lilly Ledbetter always knew that she was destined for something more than what she was born into: a house with no running water or electricity in the small town of Possum Trot, Alabama. In 1979, when Lilly applied for her dream job at the Goodyear tire factory, she got the job. She was one of the first women hired at the management level. Nineteen years after her first day at Goodyear, Lilly received an anonymous note revealing that she was making thousands less per year than the men in her position. When she filed a sex-discrimination case against Goodyear, Lilly won--and then heartbreakingly lost on appeal. Over the next eight years, her case made it all the way to the Supreme Court, where she lost again. But Lilly continuted to fight, becoming the namesake of President Barack Obama's first official piece of legislation. Both a deeply inspiring memoir and a powerful call to arms, Grace and Grit is the story of a true American icon.

Author: Kerrie R. Heslin
Publisher:
ISBN:
Category : Discrimination
Languages : en
Pages : 19

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Author:
Publisher:
ISBN: 9780314908568
Category : Discrimination
Languages : en
Pages : 56

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Author: Dawn D. Bennett-Alexander
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Lilly Ledbetter plucked at the heartstrings of the U.S. Supreme Court which found that even though Ledbetter had experienced gender-based pay discrimination for virtually the entire span of her employment, they were helpless to remedy the situation because the 180 day statute of limitations had passed. As the first legislative act of his presidency, newly-elected President Barack Obama signed into law the Lilly Ledbetter Fair Pay Act of 2009, allowing the statute of limitations to begin anew each time a paycheck is issued on the basis of employment discrimination. While the law plugged this hole in fair pay, it left much to be desired in truly ensuring the end of gender-based pay discrimination. The paper explores the limitations of the law and the work still left undone regarding equal pay.

Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1506

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"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

Author: Nina Rose
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Lilly Ledbetter worked in a man's world. When she discovered that her paychecks were substantially lower than those of her male co-workers performing the same work, she filed a charge of pay discrimination with the Equal Employment Opportunity Commission (EEOC). The US Supreme Court held that Ledbetter's charge was filed too late, barring her claim under Title VII of the Civil Rights Act of 1964. The decision galvanized members of Congress to reverse it, producing legislation that was later promised passage by Democrats in a historic presidential election year, and which ultimately became law. It also made a pay equity advocate out of Lilly Ledbetter. This article tells Lilly's story, a story about how public participation and dissenting opinions can lead to change in the law. After the Lilly Ledbetter Fair Pay Act of 2009 (LLFPA) was passed early in the 111th Congress, the EEOC experienced an all-time high in charge-filing activity in FY 2010, in part attributable to the LLFPA. This surge in activity brings to the forefront concerns raised by Republican lawmakers in the 110th Congress who debated over earlier versions of the LLFPA, concerns that the Act was too broad and possibly created new claims. Proponents of earlier versions of the LLFPA maintained that this tweak of Title VII was needed to restore pre-Ledbetter law in the majority of federal appellate courts, and to close the pay gap. Recently documented in a March 2011 federal statistical report on the status of women, the pay gap persists and continues to be the target of equal pay measures like the LLFPA that bolster existing pay discrimination laws. Lilly Ledbetter personally advocated for passage of equal pay measures and is a model of public participation for anyone seeking government information to engage the legislative process. Her story, as told here, is a map to the many sources that are freely available online and is therefore useful for teaching and training in legislative histories and government documents research.

Author: National Equal Pay Task Force
Publisher: Createspace Independent Pub
ISBN: 9781500611538
Category : Business & Economics
Languages : en
Pages : 46

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The Equal Pay Act established a basic labor standard requiring employers to pay women and men the same wages when performing jobs that are equal, or substantially equal, in content. It was the first national labor standard to address a widespread practice of paying women less simply because they were women, and it laid the foundation for future workforce policies. Other important legislation and policies soon followed, which helped broaden employment opportunities for women and strengthened their ability to challenge unlawful discrimination.

Author: Robert A. Katzmann
Publisher: Oxford University Press
ISBN: 0199362149
Category : Law
Languages : en
Pages : 184

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In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.