The Lilly Ledbetter Fair Pay Act of 2009

One of the historical inequalities in the workplace that continues to be a cause for concern is the discrepancy in pay given to men and women in the same or substantially similar positions within the same company. The same unfair wage distribution has been commonly exercised on the basis of race, as well. The Civil Rights Act of 1964 enacted a legal prohibition against these practices, but many employers have continued to break the law. Lily Ledbetter, a former employee of Goodyear Tire & Rubber Co., was discriminated against in this fashion.

Ms. Ledbetter and others in her position were hired at the same rate of pay. But after 19 years of service, when she retired the wage gap between her and her male counterparts was obvious. At that time, she was receiving $559-$1,509 less per month than were 15 similarly situated male employees. She filed a lawsuit alleging that the Act had been violated, and the case reached the United States Supreme Court.

The Limitation of Statutes

The Supreme Court ruled in favor of Goodyear Tire & Rubber Co. on statutory grounds, refraining from comment on whether discrimination had taken place. Under the Court's interpretation of the law, legal action pertaining to unequal pay must be filed within 180 days from the date that an employee agrees to the wage, even though it would be nearly impossible for a worker to become aware of a discrepancy that quickly.

In response to that decision, legislation was drafted by Congress to amend the law so that instead of expiring 180 days from the date of hire the statute of limitation would extend 180 days from the date of the most recent paycheck. The Lilly Ledbetter Fair Pay Act of 2009 was signed into law on January 29, 2009 and will soon be implemented.

Contact Us

If you have received unequal pay on the basis of an employment action prohibited by the Civil Rights Act of 1964, you may soon be eligible to pursue compensation and damages that were previously unavailable. Contact the Houston fair pay lawyers of the Ross Law Group at 713-482-6910 to find out how the Lilly Ledbetter Fair Pay Act of 2009 might apply to your situation.