Senate Holds Hearing on Fair Pay Restoration Act
The Senate held a hearing on Thursday on the Fair Pay Restoration Act, a bill to overturn last year's 5-4 Supreme Court ruling in the pay discrimination case Ledbetter vs. Goodyear Tire. The Court's ruling requires that discrimination charges under Title VII of the Civil Rights Act be filed within 180 days after the initial discriminatory pay decision takes place. The Fair Pay Restoration Act would clarify that an employee has 180 days to file a pay discrimination claim after each time the worker receives a discriminatorily low paycheck.
Lily Ledbetter, the plaintiff in the case, worked for nineteen years as a supervisor at an Alabama Goodyear plant. Initially, her salary was comparable to the salaries of men performing the same work, but it fell 15 to 40 percent behind her male counterparts after successive discriminatory evaluations and percentage-based pay adjustments. Near the end of her career, Goodyear was paying Ledbetter only $3,727 per month, while compensating the lowest-paid male in her same position at $4,286 per month. Last May, however, the Supreme Court threw out Ledbetter's pay discrimination claim because she filed her case more than 180 days after Goodyear unlawfully decided to pay her less -- even though she continued to receive discriminatorily low paychecks at the time.
During the Senate hearing, several witnesses -- including Lily Ledbetter herself -- stressed that the Court's decision was out of step with workers' experiences and pointed to the Fair Pay Restoration Act as a way to bring pay discrimination policy in line with realities of the workplace. As law professor Samuel Bagenstos noted, "Many employers prohibit their employees from discussing how much they are paid with their coworkers. And even in the absence of an employer policy, many employees are unwilling to discuss their wages with their co-workers. As a result, a victim of pay discrimination is unlikely to know right away that other employees were paid more than she was."
In addition, Margot Dorfman, CEO of the US Women's Chamber of Commerce questioned business opposition to the Fair Pay Restoration Act, arguing that while the Supreme Court's ruling gives an unfair advantage to employers who "skirt the rules," Fair Pay Restoration rewards those who "play fair."
The Fair Pay Restoration Act currently has 32 co-sponsors in the Senate. The House passed its version of the bill this summer.
Stay tuned: Women Work! will be sending an Action Works! alert soon, letting you know how you can help move the Fair Pay Restoration Act forward in the Senate and protect women's rights to stand up for fair pay.