[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 181 Engrossed in Senate (ES)]
111th CONGRESS
1st Session
S. 181
_______________________________________________________________________
AN ACT
To amend title VII of the Civil Rights Act of 1964 and the Age
Discrimination in Employment Act of 1967, and to modify the operation
of the Americans with Disabilities Act of 1990 and the Rehabilitation
Act of 1973, to clarify that a discriminatory compensation decision or
other practice that is unlawful under such Acts occurs each time
compensation is paid pursuant to the discriminatory compensation
decision or other practice, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lilly Ledbetter Fair Pay Act of
2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Supreme Court in Ledbetter v. Goodyear Tire &
Rubber Co., 550 U.S. 618 (2007), significantly impairs
statutory protections against discrimination in compensation
that Congress established and that have been bedrock principles
of American law for decades. The Ledbetter decision undermines
those statutory protections by unduly restricting the time
period in which victims of discrimination can challenge and
recover for discriminatory compensation decisions or other
practices, contrary to the intent of Congress.
(2) The limitation imposed by the Court on the filing of
discriminatory compensation claims ignores the reality of wage
discrimination and is at odds with the robust application of
the civil rights laws that Congress intended.
(3) With regard to any charge of discrimination under any
law, nothing in this Act is intended to preclude or limit an
aggrieved person's right to introduce evidence of an unlawful
employment practice that has occurred outside the time for
filing a charge of discrimination.
(4) Nothing in this Act is intended to change current law
treatment of when pension distributions are considered paid.
SEC. 3. DISCRIMINATION IN COMPENSATION BECAUSE OF RACE, COLOR,
RELIGION, SEX, OR NATIONAL ORIGIN.
Section 706(e) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
5(e)) is amended by adding at the end the following:
``(3)(A) For purposes of this section, an unlawful employment
practice occurs, with respect to discrimination in compensation in
violation of this title, when a discriminatory compensation decision or
other practice is adopted, when an individual becomes subject to a
discriminatory compensation decision or other practice, or when an
individual is affected by application of a discriminatory compensation
decision or other practice, including each time wages, benefits, or
other compensation is paid, resulting in whole or in part from such a
decision or other practice.
``(B) In addition to any relief authorized by section 1977A of the
Revised Statutes (42 U.S.C. 1981a), liability may accrue and an
aggrieved person may obtain relief as provided in subsection (g)(1),
including recovery of back pay for up to two years preceding the filing
of the charge, where the unlawful employment practices that have
occurred during the charge filing period are similar or related to
unlawful employment practices with regard to discrimination in
compensation that occurred outside the time for filing a charge.''.
SEC. 4. DISCRIMINATION IN COMPENSATION BECAUSE OF AGE.
Section 7(d) of the Age Discrimination in Employment Act of 1967
(29 U.S.C. 626(d)) is amended--
(1) in the first sentence--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively; and
(B) by striking ``(d)'' and inserting ``(d)(1)'';
(2) in the third sentence, by striking ``Upon'' and
inserting the following:
``(2) Upon''; and
(3) by adding at the end the following:
``(3) For purposes of this section, an unlawful practice occurs,
with respect to discrimination in compensation in violation of this
Act, when a discriminatory compensation decision or other practice is
adopted, when a person becomes subject to a discriminatory compensation
decision or other practice, or when a person is affected by application
of a discriminatory compensation decision or other practice, including
each time wages, benefits, or other compensation is paid, resulting in
whole or in part from such a decision or other practice.''.
SEC. 5. APPLICATION TO OTHER LAWS.
(a) Americans With Disabilities Act of 1990.--The amendments made
by section 3 shall apply to claims of discrimination in compensation
brought under title I and section 503 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12111 et seq., 12203), pursuant to
section 107(a) of such Act (42 U.S.C. 12117(a)), which adopts the
powers, remedies, and procedures set forth in section 706 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-5).
(b) Rehabilitation Act of 1973.--The amendments made by section 3
shall apply to claims of discrimination in compensation brought under
sections 501 and 504 of the Rehabilitation Act of 1973 (29 U.S.C. 791,
794), pursuant to--
(1) sections 501(g) and 504(d) of such Act (29 U.S.C.
791(g), 794(d)), respectively, which adopt the standards
applied under title I of the Americans with Disabilities Act of
1990 for determining whether a violation has occurred in a
complaint alleging employment discrimination; and
(2) paragraphs (1) and (2) of section 505(a) of such Act
(29 U.S.C. 794a(a)) (as amended by subsection (c)).
(c) Conforming Amendments.--
(1) Rehabilitation act of 1973.--Section 505(a) of the
Rehabilitation Act of 1973 (29 U.S.C. 794a(a)) is amended--
(A) in paragraph (1), by inserting after ``(42
U.S.C. 2000e-5 (f) through (k))'' the following: ``(and
the application of section 706(e)(3) (42 U.S.C. 2000e-
5(e)(3)) to claims of discrimination in
compensation)''; and
(B) in paragraph (2), by inserting after ``1964''
the following: ``(42 U.S.C. 2000d et seq.) (and in
subsection (e)(3) of section 706 of such Act (42 U.S.C.
2000e-5), applied to claims of discrimination in
compensation)''.
(2) Civil rights act of 1964.--Section 717 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-16) is amended by adding at
the end the following:
``(f) Section 706(e)(3) shall apply to complaints of discrimination
in compensation under this section.''.
(3) Age discrimination in employment act of 1967.--Section
15(f) of the Age Discrimination in Employment Act of 1967 (29
U.S.C. 633a(f)) is amended by striking ``of section'' and
inserting ``of sections 7(d)(3) and''.
SEC. 6. EFFECTIVE DATE.
This Act, and the amendments made by this Act, take effect as if
enacted on May 28, 2007 and apply to all claims of discrimination in
compensation under title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.), the Age Discrimination in Employment Act of 1967 (29
U.S.C. 621 et seq.), title I and section 503 of the Americans with
Disabilities Act of 1990, and sections 501 and 504 of the
Rehabilitation Act of 1973, that are pending on or after that date.
Passed the Senate January 22, 2009.
Attest:
Secretary.
111th CONGRESS
1st Session
S. 181
_______________________________________________________________________
AN ACT
To amend title VII of the Civil Rights Act of 1964 and the Age
Discrimination in Employment Act of 1967, and to modify the operation
of the Americans with Disabilities Act of 1990 and the Rehabilitation
Act of 1973, to clarify that a discriminatory compensation decision or
other practice that is unlawful under such Acts occurs each time
compensation is paid pursuant to the discriminatory compensation
decision or other practice, and for other purposes.