Wednesday, January 7, 2009

Lilly Ledbetter Rides Into Congress

Well, not literally, but the woman whose name is attached to a famous Supreme Court decision did speak at last summer's Democratic National Convention.

Her name is also attached to a bill that, according to the New York Times, is on a Democratic fast track for approval and, no doubt, a signature by Barack Obama once he's in the White House.

The Lilly Ledbetter Fair Pay Act greatly modifies the Ledbetter v. Goodyear Tire & Rubber Co. decision, which held that the statute of limitations on pay discrimination cases runs from the moment the decision is made on the discriminatory pay.

Poor Lilly filed her claim after the statute had run its course, and her lawyers were unsuccessful in arguing that the original decision lives on in each paycheck.

You guessed it. Congress is now legislating that the statute does just that--begins anew each time the discriminated employee receives a paycheck or is affected by the original decision.

Republicans filibustered Lilly out of the Senate last year, but with the Democrats only one vote from foolproof cloture-closing power, she (the law) stands a good chance this year.

Indeed, ending filibusters by the GOP over its cadre of labor-friendly bills, including the Employee Free Choice Act (EFCA), may be one reason the Dems are now warmly embracing Illinois Senate appointee Roland Burris after denying him a seat yesterday, though they'd certainly never own up to it.

Anyway, employers won't have many options now if they discriminate in pay (i.e., pay different people different wages for performing the exact same work, provided they have the same qualifications and seniority (I assume on these last two provisions, though I'm certainly not a legal expert by any means).

So, Lilly Ledbetter may never have gotten the pay she deserved from Goodyear, but she'll now be the bane of every employer in America, at least those who disciminate in pay.

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