Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 110 CONGRESS, SECOND SESSION
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E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, SECOND SESSION Vol. 154 WASHINGTON, WEDNESDAY, APRIL 23, 2008 No. 65 Senate The Senate met at 5 p.m. and was Mr. PRYOR thereupon assumed the LILLY LEDBETTER FAIR PAY ACT called to order by the Honorable MARK chair as Acting President pro tempore. OF 2007—MOTION TO PROCEED— L. PRYOR, a Senator from the State of Resumed Arkansas. f The ACTING PRESIDENT pro tem- pore. Under the previous order, the PRAYER RECOGNITION OF THE MAJORITY time until 6 p.m. is equally divided and The Chaplain, Dr. Barry C. Black, of- LEADER controlled between the two leaders or fered the following prayer: their designees. Each side will have a Let us pray. The ACTING PRESIDENT pro tem- pore. The majority leader is recog- full 30 minutes. Only You, Lord, are a mighty rock. The Senator from Massachusetts. nized. Be our strong refuge, for we trust Your Mr. KENNEDY. Mr. President, I yield loving providence. myself such time as I might use. Guide our Senators. Show them the f Mr. President, our Nation was found- tasks that need to be done, enabling ed on the basic principle of fairness, them to order their priorities with SCHEDULE justice, and equality. Over the years, a Your wisdom. Direct them to common ORDER OF PROCEDURE continuing march of progress has ground so that united they can accom- brought these shared ideals to ever plish Your purposes. Inspire them to Mr. REID. Mr. President, under the rules of the Senate, 1 hour after we more Americans. The ‘‘Whites only’’ serve You with passion, for You are the signs that were a stain on America are author and finisher of their destinies. come in there is an automatic cloture vote. Tonight, it is on H.R. 2831, the a thing of the past. We have opened the Strengthen them with the zest, verve, door of opportunity to African Ameri- and vitality of authentic hope. Lilly Ledbetter Fair Pay Act. I ask unanimous consent that both sides cans, Latinos, Asians, and Native We pray in Your sovereign Name. Americans. Glass ceilings that limited Amen. have a full half hour. I designate Sen- ator KENNEDY to appropriate the time the opportunities of women and per- f however he feels appropriate. Fol- sons with disabilities are shattered. We PLEDGE OF ALLEGIANCE lowing the usage of that 1 hour, I ask have improved protections for persons of faith who suffer discrimination and The Honorable MARK L. PRYOR led unanimous consent that Senator intolerance because of their beliefs. Op- the Pledge of Allegiance, as follows: MCCONNELL, if he wishes to speak, be recognized using leader time and fol- portunities for older workers are great- I pledge allegiance to the Flag of the er now than perhaps at any previous United States of America, and to the Repub- lowing his remarks, that I be recog- lic for which it stands, one nation under God, nized in leader time prior to the vote. time in our history. The march of indivisible, with liberty and justice for all. The ACTING PRESIDENT pro tem- progress represents America at its f pore. Without objection, it is so or- best. It has brought us ever closer to dered. the ideal of Dr. Martin Luther King APPOINTMENT OF ACTING that Americans will one day be meas- PRESIDENT PRO TEMPORE Mr. REID. Mr. President, I say to all Senators within the sound of my voice, ured not by the color of their skin, The PRESIDING OFFICER. The after we complete work on this legisla- their gender, their national origin, clerk will please read a communication tion, Senator MCCONNELL and I are try- their race, their religion, or their dis- to the Senate from the President pro ing to work to inform everyone what ability, but by the content of their tempore (Mr. BYRD). the schedule will be in the future—that character. The legislative clerk read the fol- is, this evening, tomorrow, Friday, and The Senate has been an important lowing letter: the beginning of next week. We do not part of the progress in guaranteeing U.S. SENATE, have that worked out yet, but we are fairness and opportunity. We passed PRESIDENT PRO TEMPORE, getting very close. strong bipartisan laws to protect basic Washington, DC, April 23, 2008. civil rights, and we must not turn back To the Senate: the clock again. Time and again, the f Under the provisions of rule I, paragraph 3, Senate has gone on record in favor of of the Standing Rules of the Senate, I hereby fairness and against discrimination, appoint the Honorable MARK L. PRYOR, a RESERVATION OF LEADER TIME Senator from the State of Arkansas, to per- and we have done so by overwhelming form the duties of the Chair. The ACTING PRESIDENT pro tem- majorities. We will have an oppor- ROBERT C. BYRD, pore. Under the previous order, the tunity in a few moments to do so President pro tempore. leadership time is reserved. again. ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S3273 . VerDate Aug 31 2005 04:53 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S23AP8.REC S23AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3274 CONGRESSIONAL RECORD — SENATE April 23, 2008 This chart shows the record of the Let’s make sure everyone under- them. Current EEOC practice clearly Senate in ensuring pay equity for those stands all this. Since 1964, 44 years ago, states that it is 180 days from the time whose skin is a different color, on the that has been the provision in the stat- a reasonable person should have known basis of age, disability, gender, reli- ute. No one is trying to keep that from or would have known they were dis- gion, or national origin. Here it is: The happening. criminated against. Equal Pay Act was passed on a voice Secondly, everybody needs to under- It is very important for us to under- vote. An overwhelming majority in the stand this: It is very important to peo- stand that we have a case, the Senate, Democrats and Republicans, ple, regardless of whether they are a Ledbetter case, where the individual said equal pay, equal work should be woman, a man, a Methodist, African testified under oath in deposition that the law of the land. It was passed in American, Latino, whatever, if they she was aware she was being underpaid 1963. are discriminated against, we need to and did not file. We also have a person The Civil Rights Act of 1964, title make sure there is timely evidence so in 1982, a decade before the alleged act, VII, equal pay for equal work, passed 73 the handling of these claims can be who did file a case for sex discrimina- to 27. completed thoroughly and completely. tion. So it was not ignorance of the Age discrimination that says you The Ledbetter Fair Pay Act changes system, ignorance of the law, or igno- will not discriminate on the basis of the civil rights law provisions from 180 rance of the court; it was violation of age passed the Senate under President days from the time a discriminatory the time provided. Johnson by a voice vote. act was made or a reasonable person Just to make sure the record is clear, The Rehabilitation Act of 1973 pro- should have known they had been dis- in a deposition of Mrs. Ledbetter on vided the same kind of protections for criminated against to 180 days from July 18, 2000: disabled individuals, individuals who any ‘‘economic effect.’’ This means Question: So you had this conversation have some disability but are otherwise that someone can work for a company with Mike Tucker about the 1995 evaluation. qualified to do work. You cannot dis- for 30 years, go on retirement and pen- You told him then that you wanted to try to criminate against them. That was sion, get a pension check, declare the get your pay more in line with your peers? passed on a voice vote under President Mrs. Ledbetter: That is correct. 180 days just started, and file a com- Question: How did you know that your Nixon. And this was repeated in the plaint from 30 years ago. peers were earning more? Civil Rights Restoration Act of 1988, We are about having integrity in the Mrs. Ledbetter: Different people I worked the Americans with Disabilities Act of system so we have timely complaints, for along the way had always told me my pay 1990, and the Civil Rights Act of 1991. we have timely evidence, and the par- was extremely low. Look at the Presidents: Kennedy, ties who are there can quickly be rem- Again in a deposition later on: Johnson, Johnson, Nixon, Reagan, edied. Question: And so you knew in 1992 that you Bush, Bush. And now in the Senate our I would like my staff to put up a were paid less than your peers. Republican friends want to say: Oh, no, chart because I would like to review Mrs. Ledbetter: Yes, sir. we are going to permit discrimination the history of the Ledbetter case. Mr. President, I abhor discrimina- against women because they did not In 1982, Mrs. Ledbetter filed a com- tion. I share the reverence of the quote have adequate notice that the discrimi- plaint for sexual harassment against of Martin Luther King, a citizen of my nation was taking place because the her supervisor.