HR 11

HR 11 IH

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.

January 6, 2009

Mr. GEORGE MILLER of California (for himself, Ms. DELAURO, Ms. HIRONO, Mr. RUPPERSBERGER, Ms. SCHAKOWSKY, Mr. STARK, Mr. ACKERMAN, Ms. CLARKE, Mr. HOLT, Mr. LEVIN, Mr. KILDEE, Mrs. MCCARTHY of New York, Ms. SUTTON, Mr. VAN HOLLEN, Mr. ELLISON, Ms. EDWARDS of Maryland, Mr. GRIJALVA, Mr. NADLER of New York, Ms. NORTON, Mr. OBERSTAR, Ms. MATSUI, Mrs. TAUSCHER, Mr. PAYNE, Mr. HODES, Mr. JACKSON of Illinois, Ms. LEE of California, Mr. ROTHMAN of New Jersey, Mr. SERRANO, Mr. WEINER, Mr. WU, Mr. COHEN, Mr. CONYERS, Mr. HARE, Mr. ISRAEL, Mr. LARSON of Connecticut, Mr. SESTAK, Mr. ABERCROMBIE, Mr. ANDREWS, Mr. ARCURI, Mr. BACA, Mr. BECERRA, Ms. BERKLEY, Mr. BISHOP of New York, Mr. BLUMENAUER, Mr. BOSWELL, Mr. BOUCHER, Mr. BRADY of Pennsylvania, Mrs. CAPPS, Mr. CARNAHAN, Mr. CARSON of Indiana, Mr. CLAY, Mr. CLEAVER, Mr. CLYBURN, Mr. COURTNEY, Mr. CUMMINGS, Mr. DAVIS of Alabama, Mrs. DAVIS of California, Mr. DEFAZIO, Ms. DEGETTE, Mr. DICKS, Mr. ENGEL, Mr. FARR, Mr. FATTAH, Mr. FILNER, Ms. GIFFORDS, Mrs. GILLIBRAND, Mr. HALL of New York, Mr. HASTINGS of Florida, Mr. HINCHEY, Mr. HINOJOSA, Mr. HONDA, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. JOHNSON of Georgia, Mr. KAGEN, Mr. KIND, Mr. LANGEVIN, Mr. LEWIS of Georgia, Mr. LIPINSKI, Mr. LOEBSACK, Ms. ZOE LOFGREN of California, Mrs. LOWEY, Mr. LYNCH, Mr. MAFFEI, Mrs. MALONEY, Mr. MARKEY of Massachusetts, Ms. MCCOLLUM, Mr. MCDERMOTT, Mr. MICHAUD, Mr. MILLER of North Carolina, Mr. MOORE of Kansas, Ms. MOORE of Wisconsin, Mr. MORAN of Virginia, Mr. PATRICK MURPHY of Pennsylvania, Mr. OBEY, Mr. OLVER, Mr. PALLONE, Mr. PASCRELL, Mr. PETERS, Mr. REYES, Mr. RODRIGUEZ, Ms. LINDA T. SANCHEZ of California, Ms. LORETTA SANCHEZ of California, Mr. SARBANES, Mr. SCHIFF, Ms. SCHWARTZ, Mr. SCOTT of Georgia, Mr. SCOTT of Virginia, Ms. SHEA-PORTER, Mr. SHERMAN, Mr. SIRES, Mr. SKELTON, Ms. SLAUGHTER, Ms. SPEIER, Mr. TIERNEY, Mr. TOWNS, Ms. TSONGAS, Mr. VISCLOSKY, Mr. WALZ, Ms. WASSERMAN SCHULTZ, Ms. WATERS, Ms. WATSON, Mr. WAXMAN, Mr. WELCH, Mr. WEXLER, Ms. WOOLSEY, Mr. YARMUTH, Ms. HARMAN, Ms. KAPTUR, Mr. KUCINICH, Mr. MCMAHON, Mr. MURPHY of Connecticut, Mr. PERRIELLO, Ms. PINGREE of Maine, Mr. POMEROY, Mr. RYAN of Ohio, Mr. THOMPSON of Mississippi, Ms. VELAZQUEZ, Mr. HEINRICH, Mr. BAIRD, Ms. BALDWIN, Mr. BERMAN, Mr. BERRY, Ms. BORDALLO, Mr. BRALEY of Iowa, Ms. CORRINE BROWN of Florida, Mr. BUTTERFIELD, Mr. CAPUANO, Mr. DAVIS of Illinois, Mr. DINGELL, Mrs. CHRISTENSEN, Mr. DOGGETT, Mr. LARSEN of Washington, Mr. WATT, Mr. STUPAK, Ms. CASTOR of Florida, Mr. RUSH, Mr. ORTIZ, Mr. AL GREEN of Texas, Mr. GONZALEZ, Mr. COOPER, Mr. GENE GREEN of Texas, Ms. RICHARDSON, Mr. HIGGINS, Ms. JACKSON-LEE of Texas, Mr. THOMPSON of California, Mr. COSTELLO, Mr. KENNEDY, Mr. DOYLE, and Mr. HOYER) introduced the following bill; which was referred to the Committee on Education and Labor

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.