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.

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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. That complaint was home State, quoted by Senator KEN- employer did not give them that notice settled between her and the company, NEDY, that we all yearn for the day when they gave them a paycheck that Goodyear, in a timely fashion, and she that a man will be judged by the con- was unequal to their male counter- was satisfied. tent of his character and not the color parts. That was a 5-to-4 decision. In 1992, Mrs. Ledbetter, under testi- of his skin. We respect that today. We have an opportunity to go back mony, testified that she became aware That is why the Civil Rights Act we on the right track that Republican and she was being paid less than her peers, discuss today was passed. That is why, Democratic Presidents and Congress but she filed no complaint. when they passed the Civil Rights Act, led us down. Let’s restore the fairness, In 1993, she did not file a complaint. Congress put in a standard of 180 days the equity, the decency, and the hu- In 1994, she did not file a complaint. from the date of discrimination to en- manity this Senate of the United In 1995, Mrs. Ledbetter said: sure the evidence was there, the super- States has gone on record with regard I told him at that time that I knew defi- visors were there. That way an ag- to equal pay for women, disabled, and nitely that they were all making a thousand grieved person could take action to the elderly in our society. Let’s do at least more per month than I was and that remedy quickly this situation could. that. We have a chance to do so in just I would like to get in line. The Lilly Ledbetter Fair Pay Act 45 minutes. But she did not file a complaint. changes that to a distant time in the I reserve the remainder of my time. In 1996, she did not file a complaint. future when people could have passed The ACTING PRESIDENT pro tem- In 1997, she did not file a complaint. away, records could have been de- pore. The Senator from Georgia. And then on July 21, 1998, a com- stroyed, and the ability to prove the al- Mr. ISAKSON. Mr. President, I ask plaint was filed, shortly after her su- legation would be impossible. that I be recognized for up to 10 min- pervisor died. That is the reason for I submit, in an environment in 2008 utes. the statute of limitations on the com- in the United States of America where The ACTING PRESIDENT pro tem- plaint to begin with—to ensure you equity, nondiscrimination, and free- pore. The Senator from Georgia is rec- have contemporary and timely infor- dom are available to all Americans, ognized. mation and the parties who might have that it is this timeliness is important Mr. ISAKSON. Mr. President, the dis- committed the act of discrimination so that anybody who is injured and tinguished Senator from Massachusetts are alive and can be held accountable. anybody who is aggrieved gets a swift makes an eloquent and passionate No less than Justice John Paul Ste- and just action in the courts of the statement, but everyone within the vens, the first time this particular pro- United States of America. sound of my voice needs to understand vision of statute of limitations was I reserve the remainder of my time. something. This debate today is not taken to the Court, in a 7-to-2 decision The ACTING PRESIDENT pro tem- about allowing, favoring, or supporting in 1977 said the following: pore. The Senator from Massachusetts. discrimination. It is about preserving A discrimination act which has not made Mr. KENNEDY. Mr. President, I will the Civil Rights Act to which the dis- the basis for a time charge is merely an un- take 30 seconds. tinguished Senator just referred, be- fortunate event in history which has no We are attempting to restore the law cause the Civil Rights Act stated clear- present legal consequence. prior to the Supreme Court decision. ly that if a complaint was filed, it Some will argue—and I am sure Sen- That is all we are trying to do. The law needed to be filed within 180 days of the ator KENNEDY will—about hidden, or before the Supreme Court’s decision is act of discrimination, or as, as current concealed, discrimination, whereby a that when the paycheck reflects dis- EEOC practice allows, 180 days from person might not become aware they crimination the time to file starts. the date which a reasonable person are being victimized. Essentially, you Here is a chart. All light green and should have known. can rope-a-dope someone and fool dark green. That was the law of the

VerDate Aug 31 2005 04:53 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S23AP8.REC S23AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2008 CONGRESSIONAL RECORD — SENATE S3275 land. That was the law of the land, Mr. The ACTING PRESIDENT pro tem- That is not the way the Senate is President. That is what our bill does. pore. The Senator from Georgia. supposed to operate, but it is the way Let’s not confuse the facts. We want to Mr. ISAKSON. Mr. President, I yield we are operating on this bill, just as go back to what the law of the land myself 30 seconds. they did in the House—not going was—that and only that. The distinguished Senator from Mas- through the normal process of making Mr. President, I yield 3 minutes to sachusetts referred to restoring the law sure that concerns were being solved. the Senator from New York. to pre-2002. The Supreme Court, in 1977, That is the only way anything ever The ACTING PRESIDENT pro tem- through John Paul Stevens’ majority makes it through this body. A look at pore. The Senator from New York. opinion, 7 to 2; 1980 and 1986, in all the House vote reveals this was not the Mr. SCHUMER. Mr. President, I three of those rulings they upheld the result of any groundswell of unanimity thank Senator KENNEDY for his bril- 180-day provision of the Civil Rights in that body. The margin was razor liant leadership on this and so many Act of the United States of America. thin. The bill was then sent to the Sen- other issues. That was the law prior to Ledbetter, ate, where by regular order it is sup- First, I have to say that I sat and lis- and that is what the court reaffirmed posed to come before the appropriate tened to my good friend from Georgia, in Ledbetter. committee for debate and amendments, and I noted that Lilly Ledbetter is in Mr. President, I yield up to 10 min- but that hasn’t happened. This body the gallery, and I was just thinking of utes to the distinguished Senator from has consistently and rightfully taken having her listen to all of this talk, a Wyoming, Mr. ENZI. pride in the care and thorough negotia- lot of it sort of legalese and parsing The ACTING PRESIDENT pro tem- tion of its deliberative process. hairs. Just think of who she is—a hard- pore. The Senator from Wyoming. Now, despite the deceptive name, this working woman from Gadsden, AL, a Mr. ENZI. I thank the Senator from legislation doesn’t restore anything. supervisor in a tire plant working just Georgia. Quite to the contrary, it completely as hard as the men alongside her and Mr. President, I rise today to voice destroys a vital provision of title VII of every day and every week and every my strong opposition to both the sub- the Civil Rights Act that was inten- year not getting paid the same as they stance of H.R. 2831, the so-called tionally included by the drafters of simply because she was a woman. It Ledbetter Fair Pay Act, as well as the that legislation. Employment discrimi- was not because she did a worse job, process—or more accurately, the lack nation based on race, sex, age, national not because of any other reason. She of process—that has brought this mat- origin, religion, or disability is intoler- able, and the drafters wanted to ensure has had to listen first to the Supreme ter to the Senate floor today. any claims of sex discrimination could Court and then to some of my col- Welcome to ‘‘gotcha politics 2008.’’ When we really are intending to pass a be promptly addressed. leagues parse hairs, and it is just not Beyond this consideration, the draft- bill, particularly with our Health, Edu- fair, it is not right, and it is un-Amer- ers of those laws also recognized two cation, Labor and Pension Committee, ican. practical realities: First, in the em- this is not the way we do it. We sit Now, let me say this: As a male, this ployment context, unaddressed claims down, we talk about the principle, we is something that is very difficult for of discrimination are particularly cor- men to understand, and yet women, list the mechanisms for solving that rosive. Federal discrimination policy whether they make $20,000 or $70,000 or principle, and we work together to must ensure that bias is rooted out and $200,000, they know it and live with it come up with a solution. That is not remedied as quickly as possible. And, every single day. It is not a surprise the case on this one. There has been a second, it is virtually impossible to dis- that Ruth Bader Ginsburg was so upset lack of any meaningful legislative cover the truth with respect to such at this decision—a mean decision, a de- process regarding this bill. claims based on events in the distant cision that makes people dislike the Earlier in this session, the Supreme past. With the passage of time, memo- law—that she read her entire dissent Court upheld a Circuit Court decision ries fade, critical witnesses become un- from the bench, a highly unusual prac- regarding the limitations period for fil- available for one reason or another, tice on the U.S. Supreme Court. ing claims under the discrimination and records, documents, and other Equal pay for equal work is as Amer- statutes I have noted. In my view, this physical evidence are destroyed or oth- ican as it comes. Equal pay for equal decision was unquestionably correct erwise not available. Under this bill, work is as American as apple pie. And and completely consistent with the in- that claim can go until the time of re- to have a bunch of lawyers, whether tent of those statutes. However, even tirement and then be claimed back to they are Senators or Supreme Court for those who might ultimately dis- the time of whenever this supposed dis- Justices, parse hairs and deny simple, agree with that view, there can be no crimination was, where the witnesses plain justice is as un-American as can debate Congress’s subsequent action aren’t available. But, most impor- be as well. was a slapdash response and a trans- tantly, the accounting records aren’t So I hope this body will rise to the parent attempt to score political available anymore. How can you go occasion. This is not a decision where points at the expense of responsible back and figure that amount without you need a Harvard law degree to un- legislating. the records? derstand how backward it is. All you No sooner was the ink dry on the de- It is for these reasons that all stat- have to do is know who Mrs. Ledbetter cision from the Supreme Court, than utes granting the right to take legal is and who the millions of other Amer- this legislation was introduced in the action contain a limitation period for ican women are who are put in the House. It was rushed through com- commencing such actions. These gen- same position as she is, and you know mittee without change and rammed eral considerations of discrimination the cry for justice, justice, justice through the House on an essentially in the workplace led the drafters of should ring from these Halls. party-line vote just 5 days later. The title VII to intentionally establish a So I hope we in this body, again, will bill was debated under a rule that al- relatively short period with respect to rise to the occasion. I hope this body lowed only 1 hour of debate and no such claims. They selected a period of will do right by Mrs. Ledbetter in her amendments. Does that seem a little 180 days from the discriminatory act, a long struggle to right this wrong, and familiar? Yesterday, we heard a dia- period that, depending upon the State to the millions of American women, tribe on the Senate floor about how Re- where the claim arises, could extend to our wives, our daughters, our friends, publicans are holding up everything 300 days. our relatives, and the many others we and insisting on these motions to pro- This bill doesn’t restore this well- all do not know who are working hard, ceed being brought up. Then, after clo- reasoned and plainly intended limita- by the sweat of their brow, trying to ture was approved 94 to 0 on a veterans tion period and policy; it would elimi- support their family, trying to move up bill, we weren’t allowed to vote on it nate it in virtually all employment dis- the ladder of decency and honor and again anytime that day, and we didn’t crimination cases. Under this bill, an success so that they, too, when they even go into session until 5 o’clock to- individual could file a timely charge of work, will be treated like their male night. That was to keep any discussion discrimination based on an event or act counterpart. or any votes from happening and to that occurred years, even decades be- Mr. President, I yield the floor. limit any debate on this issue. fore.

VerDate Aug 31 2005 04:53 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S23AP8.REC S23AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3276 CONGRESSIONAL RECORD — SENATE April 23, 2008 We are told, however, that such a helping hand and providing a source for What we are doing in this legislation, change is necessary because employees them to obtain the training they need led by Senator KENNEDY—we have a bi- may not know they are being discrimi- to keep their current jobs and work to- partisan bill—is to right the Supreme nated against, or that employers will ward better ones—the flexibility to Court decision. We are doing this at hide the fact from employees in order move. the urging of Justice Ginsburg. The Su- to prevent the timely filing of a claim. Such a change would come if we were preme Court decision was so bad that These appear on their face to be ap- able to convince the majority to finish Ruth Bader Ginsburg, the only woman pealing arguments; however, they ig- the job we started on the Workforce In- on the Supreme Court, took the un- nore and they misrepresent the actual vestment Act. It is 5 years overdue for usual step of reading her dissent from state of the law. The law already pro- reauthorization, and we passed it the bench, and she said: vides remedies in these instances. The through the Senate twice, but we have In our view the Court does not comprehend limitations period for filing employ- never been able to have a conference or is indifferent to the insidious way in ment discrimination claims is not committee. This legislation would which women can be victims of pay discrimi- nearly as inflexible as the proponents mean 900,000 people a year could have nation. of this bill would lead people to be- better job training. So our inability to She said this needed to be fixed by lieve. get this bill signed into law is a shame. Congress, and Congress has a remedy What about individuals who simply Again, I say this has not gone we are voting on today. don’t know the facts that would lead a through the proper process here in the I was appalled to read that not only reasonable person to conclude they Senate and it was rushed through the was the Supreme Court decision bad, have been discriminated against? House. I guess some think it is always but now the President has issued a veto Would they be barred from bringing a easy to be able to catch a little pub- threat. He said this bill is going to ‘‘impede justice.’’ That is baloney. This claim with the Equal Employment Op- licity based on some articles in the bill doesn’t impede justice, it restores portunity Commission? If an employee paper and try to push something along, justice. It reinstates a fair rule for doesn’t know the facts, wouldn’t their but if you actually want to pass a bill both workers and employers. He said it employer just get a free pass on dis- it doesn’t work. It has to go through a is going to mess up the process. This crimination? The EEOC has addressed normal process to pass the Senate, and bill does not slow down the process, it this directly. Here is what the EEOC’s that is what I am sure will happen on gives people a way of getting into the own compliance manual says: this bill. I yield the floor. process if you can’t bring a claim in Sometimes a charging party will be un- Mr. KENNEDY. Mr. President, I yield more than 6 months after you have aware of a possible EEO claim at the time of 5 minutes to the Senator from Mary- been hired. the alleged violation. Under such cir- cumstances, the filing period should be land. President Bush also says he wants to tolled until the individual has, or should The ACTING PRESIDENT pro tem- veto this because this bill would elimi- have, enough information to support a rea- pore. The Senator from Maryland. nate the statute of limitation in wage sonable suspicion of discrimination. Ms. MIKULSKI. Mr. President, I take discrimination cases. That is not true. this opportunity to thank the Senator Under the well-recognized doctrine of This bill does not change the 180-day from Massachusetts, Mr. KENNEDY, for a continuing violation, all that the law time limit. It only changes when the his leadership on this issue and for the requires is that there be a single act of clock starts to run. The bill restarts way his staff worked with the women discrimination within the applicable the clock with each time you get a in the Senate to overcome what we filing period, and the other context is paycheck that discriminates, so each thought was a flagrant abuse of power. time you get a paycheck that discrimi- properly swept into the charge from In May of last year, the Supreme the reasonable time of knowing it. nates, the 180-day clock starts to run Court issued a decision called the again. This is critical. How many peo- Now, this flawed legislation also Ledbetter case that was basically sex- hides another vast expansion of work- ple, as I said, know the salary of their ist and biased. It didn’t reflect the spir- coworkers? If you are hired at an equal place discrimination laws that must it of the civil rights law on discrimina- not go unmentioned. Since 1968, the rate with your male counterpart but he tion. It didn’t reflect the reality of the gets a raise in a few months and you law has been that the individual who is workplace or the reality of women’s discriminated against is the person don’t, what should you do? lives. The Supreme Court overturned This is what Lilly Ledbetter found. with the standing to file a lawsuit. But the opinions that had been given by the She was a faithful employee at the under this bill, any individual affected appellate court, by precedent, by his- Goodyear Company, Over time and by application of a discriminatory tory, and so on. with great risk she had to fight in her compensation decision or other prac- What did the Supreme Court say? workplace, she had to fight in her tice has standing to sue. So now it isn’t That it was OK to discriminate, unless courtroom. just at retirement or death when the you knew 180 days from the time you The ACTING PRESIDENT pro tem- person can bring this up, it is other were discriminated against and pore. The Senator has used 5 minutes. family members or other dependents brought an action or brought this to Ms. MIKULSKI. Now it is time to who can bring it up, long after the last the attention of your employer. Well, fight for Lilly Ledbetter and the 150 paycheck. it just doesn’t work that way. Anyone million women in her position. The Practitioners we have consulted who knows the reality of the workplace CBS poll on women says the No. 1 issue agree that this incredibly broad lan- knows that you don’t know if you are they face is equal pay for equal or com- guage would easily cover dependents, being discriminated against. parable work. If in fact this is not a such as spouses and children benefiting What is the reality of the workplace? problem, why does every woman in from pension payments and family You can talk about sex at the water every poll make this a No. 1 issue? health care coverage. It could also be cooler, you can talk about religion by I ask that we make it a No. 1 issue in construed by courts to extend liability your computer, you can talk politics in the Senate. We are now on a vote, as long after pension payments are com- the lunchroom, but if you open your we faced with Anita Hill. I have a ter- pleted, if the money is invested in an mouth about your pay and whether you rible feeling that tonight the Senate annuity, for example. This is a huge ex- have gotten a raise, you are in trouble. will not get it, but the women will get pansion that we have never talked If a woman begins to go and ask: Hey, it and we are going to start a revolu- about in committee. George, what do you get paid, mum’s tion as Abigail Adams asked us to do. And, before I close, I want to men- the word. Mr. KENNEDY. I yield 2 minutes to tion my greatest concern in dealing If, then, Bill gets a raise, the guys the Senator from Washington. with the legislation. If we were really are sitting around at the ball game Ms. CANTWELL. Mr. President, I am concerned about helping the greatest downing a few beers and they say: Hey, surprised that my colleagues say this number of workers, we wouldn’t be fo- George, you have done a great job, we is all about publicity. How can it be cused on changing the law to help im- are going to give you a promotion, how about publicity when, in reality, prove their chances of a successful law- do you know about this? The only way women make less than men in their ev- suit. Instead, we would be extending a you know about it is over time. eryday jobs? Last week in Pittsburg I

VerDate Aug 31 2005 04:53 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S23AP8.REC S23AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2008 CONGRESSIONAL RECORD — SENATE S3277 attended an equal pay forum and found I also believe, though, there is oppo- this body for 44 years. We have the young children carrying handmade sition to the bill because people make Equal Pay Act, as the Senator had on signs about justice: Gussie, a young profits off of discrimination. If you pay his chart there. That passed the Senate girl, said, ‘‘I will work for justice;’’ women less, you make more. on voice vote. That is not the issue. Sofia, another young girl, said, ‘‘I will Also I believe when they talk about The issue in this case is the tolling pro- work for justice;’’ Leo, who wanted to when the law was passed—the work- visions of the 1967 Civil Rights Act, join in with these young ladies, said, ‘‘I place has changed. There are now more Title VII, which dealt with discrimina- will work for change and for justice.’’ women in the workplace than there tion in wages based on race, religion, The children planned to walk around were when the original laws were sex, or national origin. I will debate and collect 23 cents on street corners, passed. But as the Senator from Wash- what tolling period is appropriate, but begging for an amount of change that ington State said, my gosh, this adds I am not going to stand here and allow represents the difference between what up to real money. You know, 20 cents this to be described as a debate over men and women get paid. an hour that we make less than the one side being for discrimination and This young generation of Americans guy next to us—unless we are in the another being against it. We are for the wants to know that they are going to Senate; we do have equal pay here— timely reporting of claimants and the grow up in a world where they are this, over a lifetime, adds up to over a ability of people to be remedied expedi- going to get equal pay for equal work. quarter of a million or a million dol- tiously if they have been discriminated Women, on average, make 77 cents lars. When we look at its impact on So- against. per every dollar their male counter- cial Security, it is tremendous. Then if How much time is left on our side? parts make and stand to lose $250,000 we look at its impact on a 401(k), if you The ACTING PRESIDENT pro tem- dollars in income over their lifetime. have one, it adds up. pore. There is 13 minutes. We are talking about real dollars. The I believe discrimination is profitable, Mr. ISAKSON. I yield the distin- pay gap follows women into retire- but I think it is time that justice is guished Senator from Utah, Senator ment. A single woman in retirement, done. HATCH, 11 minutes. The ACTING PRESIDENT pro tem- making less pay in her career, could re- Mr. KENNEDY. I yield myself 1 pore. The Senator from Utah is recog- ceive $8,000 dollars less in retirement minute. income annually than a man—this is If I can ask the Senator from Wash- nized. Mr. HATCH. Mr. President, I rise an issue of justice. ington, in this downturn in our econ- today in opposition to the bill that I appreciate that the Senator from omy we find that women have less sav- would overturn the Supreme Court’s Massachusetts has led the charge on ings, they are participating less in pen- ruling in Ledbetter v. Goodyear Tire. this. I want to remind my colleagues sion plans, they are subject to more that we had a similar Supreme Court At the outset, let me be perfectly clear foreclosures in housing. At a time decision on identity theft, which about the basis for my opposition to when women are under more pressure, passed by a 9–0 vote, that limited a vic- the so-called Fair Pay Restoration Act. can the Senator possibly explain why tim’s ability to recover when it is held I know of no one on either side of the there should be reluctance in this body that the statute of limitations begins aisle in this Senate who condones any to restore fairness? at the time of the initial violation, form of unlawful employment discrimi- Ms. CANTWELL. It is quite simple to rather than when the victim discovers nation, including pay discrimination. correct this issue today. We are asking the injury. It was the same issue. You Indeed, all forms of unlawful employ- that more women be a part of the math did not know that your identity had ment discrimination under Title VII of and science and engineering workforce, been stolen, but the courts maintained the 1964 Civil Rights Act, including pay be part of the information technology a very narrow definition of how long discrimination, should be confronted age. But if they cannot ask how much you had to recover. What did we do? We promptly, efficiently, fairly and forth- their male counterparts are making acted. Congress extended the statute of rightly, consistent with the enforce- and find out later that they are only limitations to two years after the indi- ment scheme provided for by the Con- vidual knew their identity had been making 77 cents per every dollar their gress which enacted that law. stolen or 5 years after the violation. male counterparts make, that is not Yet, once again we open debate on That is what Congress did. We cor- fair. another of the magnificently mis- We could correct that by now by not rected that. That is what we need to do named and misleading bills—the so- to give equal justice to women so they only allowing people to come forward called Fair Pay Act which its pro- can have equal pay. at the first instance of unequal pay— ponents claim will ‘‘restore’’ the intent The ACTING PRESIDENT pro tem- but every instance. of Congress in enacting the 1964 Civil pore. The Senator has used 2 minutes. It is critical that we address this Rights Act. Mr. KENNEDY. Mr. President, I yield simple correction. This body has cor- In fact, this bill does not restore any- myself 2 minutes. rected other Supreme Court decisions thing, certainly not the rights of indi- If I could have the attention of the on these same statute of limitations viduals under the Civil Rights Act and Senator from Maryland, can the Sen- issues. This is the least we can do. clearly not the statute of limitations ator explain to me why there would be I see my colleague from New York set by Congress for the timely filing of reluctance in this body to vote for has come to the floor. We ought to get unlawful employment discrimination equal pay for equal work? We voted on this bill passed and get on to her legis- charges, including pay discrimination this now more than five times in a 40- lation that is even more robust—to charges, with the U.S. Equal Employ- year period, to knock down the preju- make sure that employers are treating ment Opportunity Commission, the dice and discrimination to women, to women fairly and giving them informa- EEOC, or similar State agencies. minorities, to the disabled, and to the tion. This is basic. We should pass it In fact, Congress fully intended the elderly. Under the Supreme Court deci- and make sure we send this to the charge-filing period to be 180 days, or sion, that discrimination can take President’s desk. 300 days where there are similar State place in the United States of America The ACTING PRESIDENT pro tem- agencies, so as to encourage prompt, today. This legislation can halt it. Can pore. The time of the Senator has ex- effective investigation, conciliation, the Senator possibly think about why pired. Who yields time? and resolution of pay discrimination we should hesitate in taking the action The Senator from Georgia is recog- charges and charges of other forms of to restore the law to what it was prior nized. unlawful employment discrimination. to the Supreme Court decision? Mr. ISAKSON. Mr. President, I owe It was for that reason that Congress Ms. MIKULSKI. First, I believe in the distinguished Senator from Massa- carefully chose and designed the cur- this matter the Senate would be out of chusetts an answer to the rhetorical rent enforcement scheme, which has touch with the American people. The questions he has asked. Everybody been consistently upheld by the Su- American people want fairness, they within the sound of my voice should preme Court for over 40 years. want justice, and they believe women understand we are not debating wheth- Over that time, Congress and the should be paid equal pay for equal or er anybody in here believes in discrimi- courts have wisely and consistently en- comparable work. nation. We have voted over and over in couraged cooperation and voluntary

VerDate Aug 31 2005 04:53 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S23AP8.REC S23AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3278 CONGRESSIONAL RECORD — SENATE April 23, 2008 compliance, in the first instance, by Let’s also be candid about the type of mote(s) justice by preventing surprises the parties themselves and with the pay discrimination alleged. The through the revival of claims that have timely assistance of the EEOC or simi- Ledbetter case involved only claims of been allowed to slumber until evidence lar State agencies, as the preferred intentional discrimination or disparate has been lost, memories have faded, method for addressing alleged unlawful treatment of individuals in a protected and witnesses have disappeared.’’ employment discrimination. group. This bill would apply also to un- In its 1979 decision in United States Where voluntary compliance and con- intentional discrimination—so-called v. Kubrick, the Supreme Court said ciliation are unsuccessful, title VII disparate impact, or adverse impact, that the charge-filing period under provides for vigorous enforcement by discrimination. Those are cases where title VII is ‘‘balanced’’ and ‘‘fair’’ to the private parties and the EEOC the pay practices are neural and non- both employers and employees. through litigation. discriminatory on their face, but The current 180- or 300-day charge fil- In other words, voluntary compliance through statistical analysis such pay ing period allows the employer and the and conciliation first, litigation there- practices may have an unintended, at- EEOC (1) to investigate the pay dis- after whenever necessary. tenuated disparate impact on a pro- crimination charge: (2) to seek com- So, in fact, the so-called Fair Pay tected group, such as women. Indeed, promise, conciliation, settlement and Act does not restore the intent of Con- the challenged pay practices may not fair resolution of the charge; and (3) to gress or the original statute of limita- have been intentionally discriminatory allow both parties to prepare for litiga- tions for the filing of pay discrimina- treatment, or even have had a dis- tion, if necessary, by gathering and tion charges, and neither does it re- parate impact at the time of their en- preserving evidence for trial where res- store lost rights under the 1964 Civil actment, but sometime later a social olution is not possible outside of litiga- Rights Act. scientist or statistician may assert tion. In fact, this bill dramatically ex- Now let’s look at how the current that the pay practices subsequently pands the charge filing beyond all rec- system would change under the so- may have had an adverse impact on ognition and expectations of the Con- called Fair Pay Act. gress which passed the 1964 Civil Rights one group or another. The plaintiff’s charges of pay dis- Thus, in fact this bill goes well be- Act. If this bill were to become law crimination could be brought years, yond simply reversing the Supreme there would be no statute of limita- decades, or even after the plaintiff’s re- Court’s decision in Ledbetter as its tions, no time limit for the filing of al- tirement from the company, or as I leged pay discrimination charges. Not proponents claim. have stated earlier, by charges filed by I am also convinced that the so- 180 days, not 300 days, not years or relatives or other affected parties even called Fair Pay Act which we are de- even decades, as in the Ledbetter case, after the employee’s death. The em- bating today would turn the system of or even after the employee has long ployer’s ability to defend its actions or enforcement established by Congress in since retired and is receiving pension decisions will have dissipated. Man- 1964 on its head in a way that is most checks. agers and decision-makers may no This bill not only expands the stat- unfair. longer be available. Business units may At the heart of title VII and every ute of limitations for filing charges of have been reorganized, dissolved, or other employment nondiscrimination alleged unlawful pay discrimination, it sold, and operations may have changed statute—indeed, at the heart of every also expands the class of individuals or been eliminated. Relevant docu- civil law enacted in this country— who can file such charges. And, beyond ments and records which are not re- there is a statute of limitations within reversing the Supreme Court’s quired to be preserved by law might Ledbetter decision, which was an in- which claims and charges must be have been disposed of, or are otherwise tentional discrimination case, this bill brought. Actions brought outside those unavailable. In effect, as the Supreme expands the time for filing the type of statutory time periods are time barred. Court stated in defending the current The Supreme Court has consistently unintentional, disparate impact, or ad- charge-filing period under title VII, un- held in a long line of well-settled and verse impact, charges involving pay less an employer receives prompt no- well-recognized case law that under practices which are facially neutral but tice of allegations of employment dis- could have some type of unintended title VII the statutory period for filing crimination it will have no ‘‘oppor- consequences adverse to women or a charge begins to run when the alleged tunity to gather and preserve the evi- other protected groups. discriminatory decision is made and dence with which to sustain As to the expansion of charge filing communicated, not when the com- (itself)....’’ under the 1964 Civil Rights Act to indi- plaining party feels the consequences I am convinced that the only bene- viduals outside the protected groups, of that decision. ficiaries of the so-called Fair Pay Act— the so-called Fair Pay Act would elimi- Proponents of this act are, in es- the only ones who will see an increase nate the existing requirement that to sence, permitting an open-ended period in pay—are the trial lawyers. have standing there must be an em- for filing charges of pay discrimination So, if the so-called Fair Pay Act: ployer-employee or employer-applicant with every paycheck and every deci- (1) does not restore lost rights under relationship. This bill expands the sion that contributed to current pay, the 1964 Civil Rights Act and other em- standing to sue requirements to in- or even with receipt of pension or other ployment non-discrimination statutes clude individuals affected by applica- retirement checks. The so-called Fair it amends, but greatly expands them; tion of a discriminatory compensation Pay Act would result in a litigation (2) does not restore the statute of decision or other practice. This lan- ‘‘gotcha’’ strategy, or a ‘‘litigation limitations under title VII but elimi- guage would appear to include spouse first and ask questions later’’ enforce- nates any statute of limitations cre- and other relatives, as well as anyone ment scheme which is directly con- ating open-ended, unlimited liability; else affected indirectly. trary to congressional intent in enact- (3) does not further the intent of Con- I am not imagining this. In fact, ing title VII. gress in title VII of the 1964 Civil when questioned about whether such a The current statutory charge-filing Rights Act to encourage prompt inves- radical expansion of the law’s standing period for allegations of employment tigation, conciliation and resolution of requirements was intended by the bill’s discrimination, including pay discrimi- unlawful discriminatory pay practices; proponents, they responded that it was nation, did not suddenly pop up under and their intention to do so. the current Supreme Court’s Ledbetter (4) does not result in increased pay Thus, under this bill, not only could decision. except for the plaintiff’s trial lawyers employees and retirees file charges of In fact, the Supreme Court has long who will gain an unfair advantage pay discrimination at any time, years upheld that the current statute of limi- when the employer’s witnesses are un- or decades after the current statute of tations for filing charges under title available, memories have faded, limitations, but so too could anyone af- VII. In an often quoted passage from records are long gone, and the jury fected by alleged pay discrimination the 1974 Supreme Court decision Amer- trial becomes a ‘‘he said, she said’’ file charges, presumably even after the ican Pipe v. Utah, the title VII statu- based solely on the word of a corpora- employee is dead since the relatives or tory limitation on the filing of charges tion against that of an individual others were affected. beyond the 180- or 300-day period ‘‘pro- plaintiff;

VerDate Aug 31 2005 04:53 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S23AP8.REC S23AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2008 CONGRESSIONAL RECORD — SENATE S3279 Then what does the bill do? This bill will merely restore the law ers, in particular those who routinely I believe this bill undermines one of to what it was before the Supreme pay lower wages for jobs that are domi- the bedrock principles of all Judeo- Court’s decision in Ledbetter. This bill nated by women. Christian jurisprudence—the statute of merely states that a pay discrimina- However, today my colleagues in the limitations. Frankly, I may be mis- tion claim accrues when a pay decision Senate will have an opportunity to taken, but I know of no other civil is made, when an employee is subject begin the process to restore the intent statute that allows an unlimited, open- to that decision, or at any time they of Congress as it relates to the funda- ended time for filing an action. Crimi- are injured by it. mental fairness to millions of workers. nal statutes, of course, may be open- Lilly Ledbetter had worked at Good- We will have a chance to override a de- ended in bringing indictments for such year for 19 years when she discovered cision by the Supreme Court last June, felony crimes as murder, but even she was being paid significantly less in the case of Ledbetter v. Goodyear criminal misdemeanors generally have than her male counterparts for doing Tire & Rubber Company. In this case, a statutory period within which pros- the exact same work. A jury agreed the Court, in a 5-to-4 ruling, reversed a ecutions must be brought. and awarded her $223,776 in back pay, longstanding interpretation, used by For all these reasons, I suggest that and over $3 million in punitive dam- nine Federal circuits and the Equal this largely political vote on this mis- ages. The United States Supreme Court Employment Opportunity Commission, named and misunderstood bill is one however, interpreted the law to take EEOC, under which the statute of limi- that is designed to place opponents of away her jury award, saying that the tations for pay discrimination begins the bill in a false light of being unsym- 180-day filing limit had begun way back to run each time an employee receives pathetic to victims of pay discrimina- when her very first paycheck showed a paycheck or other form of compensa- tion. That is simply untrue. lesser pay, nearly 18 years earlier. So tion. Instead, the Court ruled that the I urge a ‘‘no’’ vote on cloture on the because too much time had elapsed the 180-day statute of limitations on filing motion to proceed to this bill. Court said, her claim was invalid. De- a discrimination claim with the EEOC Mrs. HUTCHISON. Mr. President, I spite Goodyear’s willful wage discrimi- begins to run when the original dis- have always supported efforts to ensure nation, the Court offered her no protec- criminatory decision is made and con- fair pay and fair process. I would sup- tion. In fact, it reversed the protection veyed to the employee, regardless of port a longer statute of limitation for the jury awarded her. whether the pay discrimination con- gender discrimination in the work- We are here today to undo this tinues beyond the 180-day period. This place, but the bill before us eliminates wrongheaded decision and clarify this is an unfair and unjust ruling. For em- any statute of limitation. A reasonable law to make it fair to American work- ployees who are prohibited from having statute might be 1 or 2 years after the ers. access to data reflecting the wages of discovery of the inequity. The purpose Opponents will argue that this bill other employees, it is impossible for of statutes of limitation is to ensure will lead to a flood of litigation, bene- them to ascertain whether they have that witnesses are available and de- fiting nobody but trial attorneys. They been a victim of wage discrimination— fendants have records to defend them- forget, however, that this bill merely let alone, to know from the original selves fairly. That is the reason that returns the law to how the vast major- time of the discriminatory act. In statutes of limitation are an integral ity of States, including the great State many cases, employees may not know part of our legal system. Mr. TESTER. Mr. President, I rise of Montana, interpreted it before the until years later that they have been today to offer my support for pro- Ledbetter decision. This bill will only discriminated against on the basis of tecting American workers from willful change the way courts interpret the pay. pay discrimination. To show my sup- law in 7 States. I urge my colleagues to support clo- port, I will support cloture on the Lilly Opponents will also argue that this ture on the motion to proceed to this Ledbetter Fair Pay Act of 2007, H.R. bill will punish businesses for acts of important legislation, and to support discrimination in some cases, decades enactment of this bill. The Lilly 2831. I appreciate Chairman KENNEDY and the bipartisan coalition he has ago, before management and corporate Ledbetter Fair Pay Act of 2007 will re- built around this legislation to ensure culture changed. The argument is hol- store the interpretation that the stat- equal pay for equal work. low, however, because the bill contains ute of limitations begins to run each Every employee deserves to earn the a provision to limit claims filed to a 2- time an employee receives a paycheck same pay for doing the same work. year maximum. In the spirit of nego- or other form of compensation reflect- Our country was founded on the prin- tiation, proponents had to limit poten- ing the discrimination, otherwise ciple that all men and women are cre- tial awards. Take Lilly Ledbetter’s known as the ‘‘paycheck accrual’’ rule. ated equal. case, for example. If this law would It would ensure that employees who Our workers should be paid equally have been in effect for her, 16 out of the can prove pay discrimination based on for doing the same job. 18 years that she suffered pay discrimi- race, color, religion, sex, national ori- As President Kennedy stated when he nation would still go unpunished. gin, age, or disability will not be for- signed the original Equal Pay Act in This bill is not perfect. We still have ever barred from seeking redress be- 1963, protecting American workers a long ways to go to protect American cause they did not learn that they were against pay discrimination is ‘‘basic to workers from pay discrimination. But victims of pay discrimination within 6 democracy’’. We owe our workers the this bill is a step in the right direction months after the discrimination first same protection today that President and the time is now. The House of Rep- occurred. Kennedy did in the 1960s. resentatives passed this important bill Although women still only earn 77 Despite our obligation to this issue, last July, and It is time for this body cents for every $1 earned by men, we our work is far from complete. Forty- to do the same. President Kennedy was should not be moving backwards. It is five years after he signed that historic absolutely right to support the Equal simple, this legislation will restore an piece of bipartisan legislation, Amer- Pay Act in 1963. Forty-five years later, employee’s right to seek restitution ican women still only make 77 cents for this bill will ensure that we turn the against wage discrimination at the every dollar a man makes for doing the clock forward, not backward, on pay time the employee discovers it. In ad- same work. African-American workers discrimination. dition, it is important to note that this make 18 percent less than white work- I hope my colleagues will join me in legislation is not just about gender pay ers for doing the same work and supporting this important legislation. discrimination. In 2007, EEOC received Latinos make 28 percent less for doing Mr. AKAKA. Mr. President, yester- more than 7,000 pay discrimination the same work. Unfortunately for all of day was Equal Pay Day in America. It charges. While some are on the basis of us, American Indians make even less is befitting that it was on a Tuesday gender, others are on the basis of race, for doing the same work. because Tuesday is the day on which disability, national origin, and age. Congress cannot ignore this kind of women’s wages catch up to men’s Mr. President, I urge my colleagues discrimination. We have a duty to sup- wages from the previous week. It is to do what is right and support cloture port this bill and speak out against pay most unfortunate that women continue and passage of the Lilly Ledbetter Fair discrimination. to be discriminated against by employ- Pay Act.

VerDate Aug 31 2005 04:53 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S23AP8.REC S23AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3280 CONGRESSIONAL RECORD — SENATE April 23, 2008 Mr. BINGAMAN. Mr. President, I rise for discriminatory conduct by employ- The decision also ignores the work- today in support of the Fair Pay Res- ers. Employers who are more successful place reality for millions of American toration Act, which is currently before at hampering their employees’ efforts workers just like Ms. Ledbetter. Work- the Senate. to prove discrimination and delay are ers often have no idea when they are On May 29, 2007, the Supreme Court now afforded more protection than not being compensated fairly because handed down a decision in the case of those employers who treat their em- their companies do not disclose their Ledbetter v. Goodyear Tire & Rubber ployees justly under the law. The Fair employee’s salaries. Because of the se- Co., Inc. After her retirement from Pay Restoration Act seeks to restore crecy surrounding salaries, pay dis- Goodyear in 1998, Lilly Ledbetter filed this equity and to ensure that employ- crimination is one of the most difficult a sex discrimination case against her ees and employers have full and equal forms of discrimination to identify. employer. Ms. Ledbetter claimed that access to the courts. Unlike a decision not to promote or she had been paid significantly less Mr. FEINGOLD. Mr. President, I am hire, discrimination on the basis of pay than her male counterparts during her a cosponsor of the Fair Pay Restora- can remain hidden for years. The Su- work as one of the few female super- tion Act, legislation that protects preme Court’s decision leaves victims visors at Goodyear. Unfortunately, due American workers from pay discrimi- of pay discrimination who do not learn to a company policy that prohibited nation, and I am glad the Senate is de- about the discrimination within 6 employees from discussing their pay, bating it. months of its occurrence with no abil- This bill is designed to overrule an Ms. Ledbetter couldn’t confirm the dis- ity to seek justice. In the wake of this crimination until she received an anon- incorrect court decision that cut off one woman’s efforts to seek recourse decision, employers can discriminate ymous note that detailed the salaries for pay discrimination she experienced against employees by unfairly paying of three of the male managers. This at the hands of her employer. As one of them less than what they are due, and note confirmed that Ms. Ledbetter had the few female supervisors at her com- as long as the employee does not learn been paid 20 +percent to 40 percent less pany’s plant, Lilly Ledbetter was paid about the discrimination and file a than the male managers throughout substantially less than male employees complaint within 6 months, the em- her employment with Goodyear. A jury in the same position who performed the ployer gets off scot free. found that this pay discrepancy was same duties. This information about The financial impact of a late filing based, at least in part, on sex discrimi- unequal pay was kept confidential. It is felt for years, even into retirement. nation. was only after Ms. Ledbetter received Even a small disparity in pay can add Ms. Ledbetter is an example of an an anonymous note revealing the high- up to thousands of dollars over mul- employee who has done all that is ex- er salaries of other managers who were tiple years. This is because other forms pected of her. By all reports, she per- male that Ms. Ledbetter recognized of compensation such as raises, over- formed her job admirably, the same that she was being paid less because time payments, retirement benefits, work being performed by her male she was a woman. Ms. Ledbetter’s case and even Social Security payments are counterparts. She raised concerns went to trial and a jury awarded her calculated according to an employee’s about her pay level and eventually full damages and back pay. base pay. Thus, the Supreme Court’s brought suit against her employer. Last year, in a sharply divided opin- decision harms American workers even Through this process came the Su- ion, the Supreme Court ruled that Ms. after their careers are over. preme Court decision which limits an Ledbetter had filed her lawsuit too The Fair Pay Restoration Act rees- employee’s right to collect backpay to long after her employer originally de- 180 days after the issuance of a dis- tablishes a reasonable timeframe for cided to give her unequal pay. Under filing pay discrimination claims. It re- criminatory paycheck. This is true title VII of the Civil Rights Act of 1964, even if the employee was unaware of turns us to where we were before the an individual must file a complaint of Court’s decision, with the time limit the discrimination or, as in the case of wage discrimination within 180 days of Ms. Ledbetter, was unable to discover for filing pay discrimination claims be- the alleged unlawful employment prac- ginning when a new paycheck is re- proof of such discrimination through tice. Before the Ledbetter decision, the deliberate efforts of her employer. ceived, rather than when an employer each time an employee received a new first decides to discriminate. Under The Fair Pay Restoration Act is a re- paycheck, the 180-day clock was re- turn to the rational, reasonable ap- this legislation, as long as workers file started because every paycheck was their claims within 180 days of a dis- proach that had been applied by Fed- considered a new unlawful practice. eral circuit courts in most States, in- criminatory paycheck, their com- The Supreme Court changed this plaints will be considered. cluding my home State of New Mexico, longstanding rule. It held that an em- This bill also maintains the current prior to the Ledbetter decision. Under ployee must file a complaint within 180 limits on the amount employers owe the previous rule, an employee could days from when the original pay deci- once they have been found to have bring a claim within 180 days of the sion was made. Ms. Ledbetter found committed a discriminatory act. Cur- last discriminatory paycheck. This bill out about the decision to pay her less rent law limits backpay awards to 2 would also implement a limitation on than her male colleagues well after 180 backpay claims to 2 years, providing days from when the company had made years before the worker filed a job dis- businesses a protection against claims the decision. Under the Supreme crimination claim. This bill retains that are allowed to accumulate over Court’s decision, Ms. Ledbetter was this 2-year limit, and therefore does years and encouraging employees to just too late to get back what she had not make employers pay for salary in- act with all due diligence in pursuing worked for. It did not matter that she equalities that occurred many years discrimination claims. The Congres- only discovered that she was being paid ago. Workers thus have no reason to sional Budget Office has determined less than her male counterparts many delay filing a claim. Doing so would that the Fair Pay Act is unlikely to in- years after the inequality in pay had only make proving their cases harder, crease the number of claims brought in begun. And it did not matter that there especially because the burden of proof discrimination cases. was no way for her to find out she was is on the employee, not the employer. We must work to ensure that the being paid less until someone told her Opponents say that this bill will bur- courts remain a source of redress for that was the case. den employers by requiring them to de- employees many of whom are fighting Mr. President, to put it simply, the fend themselves in costly litigation. much larger and better financed em- Supreme Court got it wrong. It ignored This is simply not the case. Most em- ployers. Employees should not face un- the position of the Equal Employment ployers want to do right by their em- reasonable obstacles in their efforts to Opportunity Commission and the deci- ployees, and most employers pay their pursue a discrimination claim and to sions of the vast majority of lower employees fair and equal wages. This seek appropriate remedies. By placing courts that the issuance of each new legislation will only affect those em- an undue burden on employees to paycheck constitutes a new act of dis- ployers who underpay and discriminate quickly prove discrimination, the crimination. It ignored the fact that against their workers, hoping that em- Ledbetter decision has negatively al- Congress had not sought to change this ployees, like Ms. Ledbetter, won’t find tered the use of the courts as a remedy longstanding interpretation of the law. out in time. The Congressional Budget

VerDate Aug 31 2005 04:53 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S23AP8.REC S23AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2008 CONGRESSIONAL RECORD — SENATE S3281 Office has also reported that restoring burg, in her sharply worded dissent in plaint with the Equal Employment Op- the law to where it was before the the Ledbetter decision, called on Con- portunity Commission. She also filed a Ledbetter decision will not signifi- gress to do something to rectify the in- lawsuit. In court, a jury found that cantly affect the number of filings equity that the Supreme Court’s deci- Goodyear discriminated against Lilly made with the EEOC, nor will it sig- sion left to our country. The Fair Pay Ledbetter. The jury awarded Ms. nificantly increase the costs to the Restoration Act is our answer to Jus- Ledbetter full damages, but the Su- Commission or to the Federal courts. tice Ginsburg’s call. preme Court said she was entitled to Yesterday, individuals from across Lilly Ledbetter turned 70 years old nothing because she was too late in fil- the country observed Equal Pay Day, a this month. For almost two decades, ing her claim. day which reminds us as a nation that Ms. Ledbetter worked hard for a com- The Court’s Ledbetter decision re- a woman is still paid 77 cents for every pany that discriminated against her by versed decades of precedent in the dollar earned by a man. This disparity not paying her what it was legally re- courts of appeals. It also overturned is all too real. Ending it will require quired to pay. The Supreme Court, in the policy of the EEOC under both commitment, and we can show that its decision last year, ended Ms. Democratic and Republican adminis- commitment by passing this bill. The Ledbetter’s long quest for justice. She trations. The Bush EEOC was on the last thing American women need is a can no longer recover what was right- side of Lilly Ledbetter until the Solic- Supreme Court decision that prevents fully hers. Since the Ledbetter deci- itor General took over for the Bush ad- them from seeking compensation from sion, other workers have already had ministration. The Ledbetter decision employers who have engaged in out- their cases dismissed. These unjust leaves workers powerless to hold their right discrimination. outcomes will continue to mount until employers accountable for their unlaw- In addition to passing the Fair Pay Congress acts. Each case is a new injus- ful, unjust conduct. Employers who can Restoration Act, Congress needs to do tice, and it is an avoidable injustice be- hide discrimination from their workers more to ensure all of America’s citi- cause Congress can take steps right for just 180 days get free rein to con- zens receive equal pay for equal work. now to reverse the Supreme Court’s er- tinue to discriminate. Wage discrimination costs families roneous decision. The Fair Pay Act, of which I am a thousands of dollars each year. This is Passing the Fair Pay Restoration proud cosponsor, will allow workers to hard-earned money that working Act is an essential step in the right di- file a pay discrimination claim within women and men simply cannot afford rection—a step toward the day when 180 days of a discriminatory paycheck. to lose. We should pass the Fair Pay the basic right of American workers to It only makes sense that as long as the Act introduced by Senator TOM HARKIN equal pay for equal work will be real- discrimination continues, a worker’s and the Paycheck Fairness Act intro- ized. I urge my colleagues to stand up ability to challenge it should continue duced by Senator HILLARY RODHAM for the rights of women and all Amer- also. This legislation would simply re- CLINTON. Senator HARKIN’s legislation ican workers by voting for this vital store the law to what it was in almost would amend the Fair Labor Standards legislation. every State in the country the day be- Act to prohibit wage discrimination on Mr. BROWN. Mr. President, our fore the Ledbetter decision. We know it account of sex, race, or national origin. country has lost 230,000 jobs in just the is workable and fair—it was the law of Senator CLINTON’s legislation would first 3 months of this year. The unem- the land for decades. strengthen penalties for employers who ployment rate has gone up to 5.1 per- Now, some in this Chamber will say violate the Equal Pay Act and require cent. In Ohio, unemployment hovers this will result in more litigation. That the Department of Labor to provide around 6 percent. is wrong. The Fair Pay Act restores the training to employers to help elimi- Women are also disproportionately at law to what it was before the Supreme nate pay disparities. I can think of no risk in the current foreclosure crisis, Court decision. In fact, the Congres- better way to commemorate Equal Pay since women are 32 percent more likely sional Budget Office says the bill will Day than to pass these three pieces of than men to have subprime mortgages. not establish a new cause of action for legislation now. Existing pay disparities for women ex- claims of pay discrimination. Restore Wage discrimination is not just a acerbate the economic strain on the Fair Pay Act. I urge my colleagues women’s issue. Individuals and organi- women and on households run by to support this bill. zations from every part of our country, women, since women earn only 77 cents of different political beliefs and racial for every dollar earned by men. Women Mr. LAUTENBERG. Mr. President, I backgrounds, men and women, older have significantly fewer savings to fall want to express my strong support for Americans, religious groups, and indi- back on in a time of economic hard- the Lilly Ledbetter Fair Pay Act of viduals with disabilities have come out ship. Nonmarried women have a net 2007. I want to thank Senator KENNEDY in support of the Fair Pay Restoration worth 48 percent lower than nonmar- for his leadership on this issue and on Act. These supporters understand that ried men, and women are less likely so many civil rights issues throughout this legislation not only assists female than men to participate in employer- his Senate career. workers who are trying to fight dis- sponsored retirement savings pro- Earlier this week, we observed Equal crimination based on their sex. Be- grams. Pay Day. Equal Pay Day is the day up cause the Ledbetter decision estab- These facts make this bill—the Lilly until which a woman had to work past lished a general rule for all title VII Ledbetter Fair Pay Restoration Act— the end of 2007 to make as much money employment discrimination claims, all the more timely. Lilly Ledbetter as a man made in 2007 alone. That they know that this legislation is need- was one of just a handful of female su- means that a woman has to work al- ed to restore the ability of employees pervisors in the Goodyear tire plant in most 16 months to make what a man across the Nation to redress discrimi- Gadsden, AL. For years, she endured makes in 12. nation based on factors such as race, insults from her male bosses because Every day in this country, women get national origin, age, religion, and dis- she was a woman in a traditionally up and go to work, just like men. ability. male job. She worked 12-hour shifts— Women—who make up nearly 50 per- Congress has repeatedly passed land- which often stretched to 18 hours or cent of the American workforce—put in mark bipartisan legislation to elimi- more when another supervisor was ab- 8, 10, 12 or more hours every day. And nate discrimination in the workplace. sent. But she did not know she was just like men, women go home each These laws include the Equal Pay Act being paid less than men until later in night to families that rely on the of 1963, title VII of the Civil Rights Act her career. She had no way of knowing money they earn. In the millions of of 1964, the Age Discrimination in Em- how much her coworkers made. households led by single mothers, these ployment Act of 1967, the Americans Late in her career with the company, women’s paychecks are the only source with Disabilities Act of 1990, and the Lilly got an anonymous note in her of income. Civil Rights Act of 1991. Indeed, we mailbox informing her that Goodyear But there is one day that looks very have made great progress in securing paid her male counterparts 20 to 40 per- different for men and women—payday. equal pay rights, but we must continue cent more than she earned for doing A woman makes only 77 cents for to defend these rights. Justice Gins- the same job. She then filed a com- every dollar that a man makes. These

VerDate Aug 31 2005 04:53 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S23AP8.REC S23AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3282 CONGRESSIONAL RECORD — SENATE April 23, 2008 inequalities cut across educational di- as her male counterpart. According to Civil Rights Act that has protected vides. In my State of New Jersey, a col- the U.S. Census Bureau and Bureau of hardworking Americans from pay dis- lege-educated woman makes only 72 Labor Statistics, women earn, on aver- crimination for the past 40 years. It is cents for every dollar a college-edu- age, only 77 cents for every dollar our duty to send a message to employ- cated man makes. earned by men in comparable jobs. ers that this type of discrimination is This wage gap costs working families What a truly unthinkable, and frankly unacceptable. Fortunately, Congress $200 billion in income every year. And disgraceful, circumstance—one that we can amend the law to undo this dam- the strain on working families is only must do everything within our power aging decision. And, it should do so getting worse in today’s struggling to change. without delay. economy, which is hitting women espe- And today we can take a small but Mr. REED. Mr. President, I strongly cially hard. In 2007, women’s wages fell very significant step to make sure that support passage of H.R. 2831, the Lilly 3 percent, while men’s wages fell one- Americans have the legal opportunity Ledbetter Fair Pay Act. We must con- half of 1 percent. Unemployment for to challenge pay discrimination by sup- tinue to ensure that workers are pro- women also rose faster than for men porting the Lilly Ledbetter Fair Pay tected from pay discrimination and during the past year. Act. Before I begin, let me thank Sen- treated fairly in the workplace. Yet last year, the Supreme Court ator KENNEDY for his efforts to ensure As an original cosponsor of the Sen- reached a decision that made it even that we don’t just stand by doing noth- ate companion of this legislation, I am harder for women. ing, following an ill-advised Supreme pleased that this bipartisan bill seeks After spending almost 20 years work- Court ruling that takes us a step back to address and correct the Supreme ing long hours as a supervisor at a in time by making it extraordinarily Court’s Ledbetter decision from last Goodyear plant in Alabama, Lilly difficult for victims of pay discrimina- spring that required employees to file a Ledbetter discovered that she was tion to sue their employers. pay discrimination claim within 180 This Congress must not stand by making 20 percent less than the lowest days of when their employer initially while the Court forces an unreasonable paid male supervisor. decided to discriminate, even if the dis- reading of the law. Through this deci- A jury awarded her back pay and crimination continues after the 180-day sion, it tosses aside its own precedent damages, but the Supreme Court said period. The Ledbetter decision over- and weakens protection provided by that she filed her lawsuit against her turned longstanding precedent in the Civil Rights Act to rule in favor of employer too late. The Supreme Court courts of appeals across the country an employer that had underpaid a fe- said that she could not sue her em- and the policy of the Equal Employ- male employee for years. That is why I ployer more than 180 days after the dis- ment Opportunity Commission under call on all of my colleagues, on a bipar- crimination first began. both Democratic and Republican ad- tisan basis, to stand together today to That simply does not make sense. ministrations. send a clear signal that pay discrimina- Every time a worker receives a dis- H.R. 2831 returns the law to the pre- tion is unacceptable and will not be criminatory paycheck, the employer is Ledbetter precedent and would make tolerated by voting to move forward to discriminating against the worker. So clear that each discriminatory pay- debate the Lilly Ledbetter Fair Pay every paycheck should start a new check, not just the first pay-setting de- Act. clock for challenging that discrimina- This legislation overturns the cision, will restart the 180-day period. tion. Court’s decision in Ledbetter v. Good- This allows workers to demonstrate That was the rule in all but four year Tire. The Court held employees and detect a pattern or cumulative se- States up until the day that Ledbetter who are subjected to pay discrimina- ries of employer decisions or acts show- was decided. I am proud to say it was tion must bring a complaint within 6 ing ongoing pay discrimination. As the rule in New Jersey. And it should months of the discriminatory com- Justice Ginsburg noted in her be the rule again. pensation decision, meaning the day Ledbetter dissent, such a law is ‘‘more It is important to recognize that, al- the employer decides to pay her less, in tune with the realities of the work- though Ledbetter involved gender dis- and that each paycheck that is lower place.’’ The Supreme Court majority crimination, its implications are much because of such discrimination does failed to recognize these realties, in- more far-reaching. The Ledbetter deci- not restart the clock. Under this deci- cluding that pay disparities typically sion will have the same effect on cases sion it doesn’t matter if the discrimi- occur incrementally and develop slow- brought for discrimination based on nation is still ongoing today or if the ly over time, and they are not easily race, national origin, religion, dis- worker initially had no way of knowing identifiable and are often kept hidden ability, and age. In all of these cases, that others were being paid more for by employers. Many employees gen- victims of pay discrimination will be the same work just because of age, erally do not have knowledge of their without recourse as long as their em- race, gender or disability. Most fellow coworkers’ salaries or how deci- ployers can get away with it for 180 inexplicably, the majority insisted it sions on pay are made. days. did not matter that Goodyear was still Yesterday was Equal Pay Day, an op- The Lilly Ledbetter Fair Pay Act paying her far less than her male coun- portunity to recognize the progress we would simply restore the pre-Ledbetter terparts when she filed her complaint. have made as a nation on ensuring fair- rule that every paycheck is an act of Mr. President, if you asked anyone on ness, justice, and equality in the work- ongoing discrimination. It would not the street, they would tell you that place. But there are barriers still to be create any new right or remedy. this decision simply defies common overcome to close the pay gap and I am proud to be a cosponsor of the sense. In fact, it is so clearly contrary make certain that an individual’s gen- Senate version of this bill, and I sup- to Americans’ sense of right and wrong der, race, and age are not an impedi- port it wholeheartedly. I hope that my that everyone should be outraged. ment to their economic and employ- colleagues will join me in voting for Lilly Ledbetter, a loyal employee for ment growth. The Lilly Ledbetter Fair this important civil rights law. It is 19 years, discovered she was being paid Pay Act is one step forward in the di- the right thing to do for America’s significantly less than the men in her rection of ensuring this growth and I working families. same job. At first, her salary was in urge my colleagues to support it. Mr. SANDERS. Mr. President, yes- line with that of her male colleagues, Mr. KERRY. Mr. President, Lilly terday was Equal Pay Day. Equal Pay but over time she got smaller raises Ledbetter was the only female manager Day is the day that marks the extra creating a significant pay gap. How working alongside 15 men at a Good- months into the next year that a was she to know that this discrimina- year tire plant in Gadsden, AL. One woman needs to work in order to re- tion was happening? Hardworking day, she learned that, for no good rea- ceive pay equal to what a man would Americans do not have the time to sit son, she had been receiving hundreds of make for the equivalent job in only 12 around talking about their salaries. It dollars less per month than her male months. Yes, Mr. President, as aston- is clearly not her fault she didn’t dis- colleagues—even those with far less se- ishing as it is, in the year 2008, it takes cover this inequity sooner. niority. nearly 4 extra months for a woman to In closing, it is disturbing that the Unfortunately, the wrongs done to bring home the same amount of money Court chose to gut a key part of the Lilly Ledbetter are familiar to far too

VerDate Aug 31 2005 04:53 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S23AP8.REC S23AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2008 CONGRESSIONAL RECORD — SENATE S3283 many women who work every bit as who do choose to stay quiet rather women. When the Equal Pay Act of hard as men do but take home a small- than rock the boat, confront their 1963 passed, women were making 59 er paycheck. bosses, or be perceived as angry when cents a dollar. Forty five years later, We must continue to fight to guar- they have every right to be. that number is 77 cents. In other words, antee equal pay for women everywhere As Justice Ruth Bader Ginsburg women are narrowing the gap by less and justice for those women who are wrote, ‘‘In our view, the court does not than half a penny a year. We must do discriminated against. comprehend, or is indifferent to, the in- better. It is disgraceful that women still sidious way in which women can be vic- If I am lucky enough to have them, I make just 77 cents for every dollar tims of pay discrimination.’’ The don’t want my future granddaughters earned by men. In fact, yesterday Court’s only woman took the rare and and great-granddaughters to wait an- marked Equal Pay Day—the symbolic defiant step of delivering her eloquent other 45 years for equal wages. day on which a woman’s average pay dissent out loud. In so many ways, discriminatory pay catches up to a man’s average earnings Five male Justices denied justice to contributes to our worst shortcomings from the previous year. Think of all thousands of women who could now be as a society. It discriminates against the hours of work done since January denied legal standing in similar cases, children in poverty—who are far more 1—those are hours that women have not because these women hadn’t been likely than other children to be raised worked just to bring home the same discriminated against but because too by single mothers. It also discrimi- amount of money as a man. It is equiv- much time had passed between the mo- nates against women of color—who are alent to months of working with no ment when their bosses started dis- more likely to live in households with- pay—something I am sure the bosses criminating against them and the mo- out a male income-earner. doling out unequal paychecks wouldn’t ment they either found out about it or stand. took action to stop it. In effect, it re- Each paycheck and each discrimina- Unequal pay for women is an injus- wards bosses for stringing out their de- tory raise compounds injustice upon tice whose poison works on multiple ceit. injustice. Unfortunately, the pay gap levels. Women aren’t just paid less for One of these five male Justices was runs across industries and education doing the same work—they are also Samuel Alito—against whose hasty levels. This isn’t something that fixes given a none-too-subtle message that confirmation I waged a lonely fili- itself at higher levels of income. Com- their thoughts and efforts are less val- buster battle for which I was widely paring men and women with com- ued just because of their gender. criticized back in 2006. Back then, I parable education, work title, and ex- I have two wonderful daughters, Alex worried and warned that Alito would perience, over the course of their lives, and Vanessa. Alex is a filmmaker and create a 5-to-4 majority to deny hard- women with a high school diploma earn Vanessa is a doctor. If it weren’t for working Americans their day in court. $700,000 less. Women with a college di- the women who came and marched be- Which is exactly what happened to ploma earn $1.2 million less. And fore them, they wouldn’t have had the Lilly Ledbetter. I don’t regret my fili- women with advanced degrees earn $2 access to high school and college sports buster one bit—it was an important million less over time. that made such a difference in their de- statement drawing a line in the sand To our enduring shame, it was once velopment. But that cause isn’t yet against this administration’s radical true that American slaves were treated complete. The progress isn’t yet per- judicial nominees. I just wish we could as three-fifths of a human being. But it fected. We are fighting today so that have won that fight. remains true today that women are they are never told that a man de- Would Sandra Day O’Connor, the paid as just three-quarters of a man. serves a penny more for doing the same woman Alito replaced, have voted this We can’t unravel or erase hateful at- hard work they have done. way? I strongly suspect not. And so, titudes toward women in a single day In the face of injustice, Lilly with Sam Alito’s decisive vote, our ju- or with a single vote. But we have a Ledbetter and many women like her dicial branch struck a major blow bill before us today that will restore have had the courage to stand up to against justice, against fair treatment women’s right to seek equal justice sexist bosses, demand her legal right to for all, and against women’s rights. under the law. We should pass the Lilly equal pay for equal work, and say The good news is that Congress still Ledbetter Fair Pay Act today and do ‘‘enough is enough.’’ The trial was dif- makes the laws—and we have the op- all that we can to live according to the ficult, but Lilly stood strong—and the portunity to make clear the intent of truth that, while self-evident to Thom- jury awarded her a large legal settle- our fair pay laws and ensure that fe- as Jefferson, remains elusive to em- ment. male victims of pay discrimination ployers everywhere: that all of us are Then Lilly’s case ran head-on into a have their day in court. created equal. group of men—and one woman—above The Lilly Ledbetter Fair Pay Act Mr. BIDEN. Mr. President, America whose heads she could not appeal: the clarifies what the Court ought to have has come a long way in addressing dis- U.S. Supreme Court. The Court’s 5-to-4 known—that the laws against pay dis- crimination in the workplace since the ruling went against common sense and crimination apply to every paycheck a days my ancestors faced ‘‘No Irish most people’s sense of basic fairness. worker receives—not to the moment a Need Apply’’ signs. Yet discrimination They ruled that the Equal Rights Act boss begins discriminating. A person today still exists. Even now, women of 1964 requires an employee to file a only gets 180 days to file a discrimina- still earn on average 77 cents for every discrimination claim within 180 days of tion claim—and the clock should be dollar a man earns performing the a boss’s decision to discriminate—rath- reset to zero every time a discrimina- same work. This is not fair. And with a er than 180 days from the last discrimi- tory paycheck goes out. We should record 70.2 million women in the work- natory paycheck. Amazingly, Lilly make it easier for discrimination to be force, this wage discrimination hurts Ledbetter didn’t just lose her settle- rooted out not harder. ment and her standing to seek justice— Businesses have nothing to fear from American families across the country. she also lost future retirement benefits this bill—unless they are acting dis- Since passage of title VII of the Civil which will now be awarded according gracefully, in which case they should Rights Act of 1964, working women to decades of discriminatory pay. be afraid—they should be very afraid. have been able to challenge discrimina- The ruling goes against common But employers will not be asked to tory pay. Most appellate courts, in- sense and the practical realities of the make up for salary difference from dec- cluding the Third Circuit that incor- workplace. It goes against our basic ades ago—current law, rightly or porates Delaware, and the Equal Em- sense of fairness. People often don’t wrongly, limits backpay awards to 2 ployment Opportunity Commission op- know what their colleagues are being years before the worker filed a job dis- erated under a rule that gives workers paid and thus don’t find out for some crimination claim. This bill wouldn’t a reasonable time limit to file com- time that they are being discriminated change that limit. plaints and receive a fair hearing in against. Many never find out at all We should and must do whatever we our country’s courtrooms. that they have been discriminated can to chip away at discrepancies that Last year, the Supreme Court in against for a lifetime—and many still exist in pay between men and Ledbetter v. Goodyear Tire and Rubber

VerDate Aug 31 2005 04:53 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S23AP8.REC S23AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3284 CONGRESSIONAL RECORD — SENATE April 23, 2008 Co., ignored the basic reality of how— years ago, Congress acted to prevent This October, my wife Marcelle and I and indeed, when—workers discover discrimination in the workplace based will host Vermont’s 12th annual Wom- that they have been the victim of pay- on an employee’s sex, race, color, na- en’s Economic Opportunity Conference, check discrimination. The Court ruled tional origin or religion. The Ledbetter a chance for women to come together that employees must sue within 180 decision is yet another example of the to learn new career skills. Thousands days of the employer’s pay decision. Supreme Court misinterpreting con- of women in my State have used these That Supreme Court’s ruling, in the gressional intent and denying justice skills to advance their careers. It is a words of Justice Ginsberg, is at best a to a victim of discrimination. shame that despite such initiatives and ‘‘cramped interpretation’’ of title VII For nearly two decades, Lilly years of hard work, women continue to and at worst reverses the hard-won Ledbetter, a supervisor at Goodyear suffer pay discrimination. I commend gains women have made in the work- Tire, was paid significantly less than the Vermont Legislature for passing place. her male counterparts. Nonetheless, a laws requiring equal pay for equal As a practical matter, employees thin majority of Justices on the Su- work and barring employers from re- often do not know what their peers preme Court found that she was ineli- taliating against employees for dis- earn, the amount of annual raises, or gible for title VII protection against closing the amount of their wages. Un- how wages are determined. Given the discriminatory pay because she did not fortunately, not all States offer these typical confidentiality rules covering file her claim within 180 days of Good- protections. pay issues, the Supreme Court’s ruling year’s repeatedly discriminatory pay For all of the gains that women have means that women will in many in- decisions. made in the past century, there re- The Supreme Court’s ruling sent the stances be shut out from recovering mains a troubling constant—women message to employers that wage dis- what they are owed after years of un- continue to earn less than men—on av- crimination cannot be punished as long fair pay. This interpretation makes erage, only 77 cents on the dollar. Dis- as it is kept under wraps. At a time title VII of the Civil Rights Act an when one third of private sector em- criminatory pay not only affects empty promise. ployers have rules prohibiting employ- women it affects their children, their The Supreme Court’s decision will ees from discussing their pay with each families, and all of us who believe in hurt Americans from all walks of life. other, the Court’s decision ignores a re- the words inscribed on the Vermont It perpetuates inequality by allowing ality of the workplace—pay discrimi- marble of the Supreme Court building workers to receive lower pay because of nation is often intentionally concealed. ‘‘Equal Justice Under Law.’’ their age, gender, religion, ethnicity, Ms. Ledbetter only found out that she The Lilly Ledbetter Fair Pay Act or disability. It threatens to stop and was earning as much as $15,000 less per would correct the unfortunate and reverse the steady progress we have year than a male coworker with the cramped ruling of the Supreme Court made toward job equality by letting same job and seniority when an anony- which denied Ms. Ledbetter equal jus- employers off the hook for prolonged mous letter appeared on her desk tice. It would amend the Civil Rights discrimination. The House took the weeks before her retirement. By the Act of 1964 to clarify that an unlawful first step toward correcting this injus- time she retired in 1997, Ms. employment practice occurs not only tice when it passed the Lilly Ledbetter Ledbetter’s monthly salary, despite re- when that discriminatory decision first Fair Pay Act of 2007. The Senate now ceiving several performance based goes into effect but each time an indi- has the opportunity, and an obligation, awards, was almost $600 less than the vidual is affected by it, such as each to do the same. I am a cosponsor and lowest paid male manager and $1,500 time compensation is paid. strong supporter of this bill, which less than the highest paid male man- The House of Representatives passed would simply clarify and restore the ager. this bill in a bipartisan vote last sum- rule the country operated under before Congress passed title VII of the Civil mer. It also has bipartisan support here the Supreme Court’s decision. That Rights Act to protect employees like in the Senate, but unfortunately some rule was strong and simple—each sepa- Lilly Ledbetter from discrimination Republicans have objected to even con- rate paycheck based on a previous dis- because of their sex, race, color, na- sidering the bill. I hope their filibuster criminatory decision is itself an unlaw- tional origin or religion—however the can be broken so that we can clarify ful employment practice. Supreme Court’s cramped interpreta- that discrimination against hard-work- Mr. President, this Fair Pay Restora- tion guts the purpose and intent of the ing men and women in their own work- tion Act isn’t a radical change of direc- bipartisan and historic effort to root places is not the American way. The tion. It is really nothing new. We know out discrimination. Ms. Ledbetter ar- law and our justice system should pro- the consequences of the act because for gued that her claim fell within the 180 tect working people when it happens. years American businesses and their day window provided under title VII for Our bill underscores this vital Amer- workers operated under the standards filing claims because she suffered con- ican principle against efforts to de- it restores. It will not open the flood- tinuing effects from her employer’s dis- value it. gates for litigation or force employers crimination. After filing a complaint Mr. DODD. Mr. President, I wish to to fork out exorbitant sums of money— with the Equal Employment Oppor- speak about an issue of economic fair- it will just restore the rules of the tunity Commission, a Federal jury ness that affects the very dignity and game before the Court changed them. found that she was owed almost $225,000 the security of millions of Americans: It gives Americans who are doing the in back pay. However, five Justices of the right to equal pay for equal work. same job as someone else—but for the Supreme Court overturned the Before I begin, let me thank the chair- lower pay—access to courts and equal- jury’s decision, holding that Ms. man of the HELP Committee for his ity. Ledbetter was not protected under the leadership on this important issue. The In today’s economy, coping with a re- law because she filed suit more than Fair Pay Restoration Act goes a long cession and a housing crisis, American 180 days after her employer’s discrimi- way toward ensuring that right. In a workers need our help. The basic social natory act. perfect world, of course, we could take compact that built our economy, that This Supreme Court decision con- that right for granted; we could take it created our middle class, that provided tradicts both the spirit and clear in- for granted that the value of work lies opportunities for millions—that com- tent of title VII of the Civil Rights Act, in a job well done, not in the race or pact is breaking down. This is one which was created to protect workers gender of the person who is doing it. small step to restore some fairness. from discriminatory pay. The Court’s But we don’t live in that world. We Mr. President, equal work should 5-to-4 decision undercuts enforcement know that, even now, employers can mean equal pay. I urge my colleagues against discrimination based on sex, cheat their employees out of equal pay, to join me and restore that principle. race, color, religion, and national ori- and equal work. Mr. LEAHY. Mr. President, the Su- gin. In Justice Ginsburg’s dissent, she That is what happened to Lilly preme Court’s recent decision in wrote that the Court’s decision ‘‘is to- Ledbetter. For almost two decades, Ledbetter v. Goodyear Tire struck a se- tally at odds with the robust protec- from 1979 to 1998, she was a hard- vere blow to the rights of working tion against workplace discrimination working supervisor at a Goodyear tire women in our country. More than 40 Congress intended Title VII to secure.’’ plant in Gadsden, AL. And it is telling

VerDate Aug 31 2005 04:53 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S23AP8.REC S23AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2008 CONGRESSIONAL RECORD — SENATE S3285 that she suffered from two types of dis- ployee, trying to succeed in a nontradi- So when she discovered that, she crimination at the same time. On the tional environment, is averse to mak- rightly sought to enforce her rights, one hand, there was sexual harassment, ing waves.’’ and a jury agreed, a jury of her peers, from the manager who said to her face ‘‘The ball,’’ Ginsburg concluded, ‘‘is that she had suffered discrimination on that women shouldn’t work in a tire in Congress’s court . . . The legislature the basis of her gender. factory, to the supervisor who tried to may act to correct this Court’s par- And the district court awarded her use performance evaluations to extort simonious reading.’’ $220,000 in backpay, and more than $3 sex. And on the other hand, there was That is precisely what we are here to million in punitive damages. The court pay discrimination: by the end of her do today. If the Fair Pay Restoration of appeals reversed that, claiming she career, as the salaries of her male co- Act passes, employees will have a fair had not filed her charge of discrimina- workers were raised higher and faster time limit to sue for pay discrimina- tion in a timely manner. The Supreme than hers, she was making some $6,700 tion. They will still have 180 days, but Court agreed. less per year than the lowest paid man the clock will start with each discrimi- Now Lilly Ledbetter is retired from in the same position. natory paycheck, not with the original her job. Nothing we do today will have Now, the two kinds of discrimination decision to discriminate. After all, any impact on her, but she has tire- faced by Ms. Ledbetter have a good each unfair paycheck is in itself a deci- lessly campaigned across this country deal in common. Morally, they both sion to discriminate—it is ongoing dis- for basic fairness. We thought we had amount to a kind of theft: the theft of crimination. And if this legislation ended discrimination in the workplace dignity in work and the theft of the passes, employees like Ms. Ledbetter against women when the Equal Pay wages she fairly earned. Both send a will no longer be blocked from seeking Act was passed all those years ago. clear message: that women don’t be- redress, through no fault of their own, In fact, yesterday was the day we long in the workplace. But there is a except a failure to be more suspicious. commemorated the passage of the clear difference between sexual harass- Mr. President, millions of Americans Equal Pay Act, but clearly we have not ment and pay discrimination. The depend on the right to equal pay for finished the business of guaranteeing former is blatant. The latter far too equal work: to earn a livelihood, to equality in the workplace; fair and often stays insidiously hidden. feed their families, and to secure the equal pay to those who do the same In fact, Lilly Ledbetter didn’t even dignity of their labor. We ought to job. Nearly a century after women know she was being paid unfairly until make it easier for Americans to exer- earned the right to vote, women still long after the discrimination began, cise that right, not harder. We ought to make 77 cents to every man’s dollar. The affect of the recession we are in when an anonymous coworker gave her get unfair roadblocks, hurdles, and right now in many parts of our country proof. Otherwise, she might be in the technicalities out of their way. We is affecting women worse than their dark to this very day. And that is hard- ought to pass this bill. male counterparts. This is not about ly surprising. How many of you know The ACTING PRESIDENT pro tem- the women themselves, it is about exactly how much your coworkers pore. Who yields time? their families. I came from Indianap- make? What would happen if you Mr. KENNEDY. I yield 4 minutes to olis, where I was introduced at an asked? At some companies, you could the Senator from New York. event by a young single mom. I meet be fired. Mrs. CLINTON. Mr. President, I young single moms all over America Armed with proof of pay discrimina- think it is important we go back to the who work hard for themselves and tion, Ms. Ledbetter asked the courts facts and remind ourselves in this their children. So when they are dis- for her fair share. And they agreed Chamber about the person, the real live criminated against in the workplace, with her: she had been discriminated woman, for whom this legislation is they bring less home to take care of against; she had been cheated; and she named, Lilly Ledbetter. those children whom they are respon- was entitled to her back pay. She was a supervisor at a Goodyear sible for. We can talk about what needs Regrettably, the Supreme Court Tire and Rubber plant in Gadsden, AL, to be done, and there are, I am sure, all ruled against her, and took it all away. from 1979 until her retirement in 1998. kinds of legal reasons it does not make Yes, she had been discriminated For most of those years, she worked as sense to end discrimination; that it against—but she had missed a very im- an area manager, a position normally does not make sense finally to have our portant technicality. She only had 180 occupied by men. laws enforced. But this is the law we days—6 months—to file her lawsuit. Now, initially, Lilly Ledbetter’s sal- had until the Supreme Court changed And the clock started running on the ary was in line with the salaries of men it. Until the Supreme Court said: No, day Goodyear chose to discriminate performing substantially similar work. wait a minute, you are supposed to ac- against her. Never mind that she had Over time, however, her pay slipped in tually know you are being discrimi- no idea she was even the victim of pay comparison. And it was slipping in nated against to dispute the conditions discrimination until years later—fig- comparison with men who had equal or in the workplace, and file whatever ac- ure it out in 180 days, or you are out of less seniority. By the end of 1997, Lilly tion, make whatever complaint you luck for a lifetime. Ledbetter was the only woman working can at that moment. One can clearly see how this ruling as an area manager, and the pay dis- Well, Lilly Ledbetter acted as soon as harms so many Americans beyond Ms. crepancies between her and her 15 male she knew. She did not know until that Ledbetter. In setting an extremely dif- counterparts were stark. information was made available to her. ficult, arbitrary, and unfair hurdle, it She was paid $3,727 a month. The low- I am hoping this Chamber will stand up stands in the way of many Americans est paid male area manager received for fundamental fairness for women in fighting against discrimination. It flat- $4,286 a month and the highest $5,236. the workplace. I am hoping you will ly contradicts standard practice of the In other words, Goodyear paid her male stand up and vote to make it clear that Equal Employment Opportunity Com- counterparts 25 to 40 percent more women who get up every single day and mission and flies in the face of years of than she earned for doing the same job. go to work deserve to be paid equally legal precedent and clear congressional Now, when she discovered this, which to their male counterparts. intent. As Justice Ginsburg put it in she had not for years, because it is That is all Lilly Ledbetter wanted. her strong dissent, the Court’s somewhat difficult, if not impossible, That is what we should deliver today. Ledbetter ruling ignores the facts of to obtain information about the sala- The ACTING PRESIDENT pro tem- discrimination in the real world: ‘‘Pay ries of your counterparts—and lots of pore. Who yields time? disparities often occur in small incre- times why would you ask? You are Mr. KENNEDY. Mr. President, I be- ments; cause to suspect that discrimi- doing the same job; you show up at the lieve there is 5 minutes 45 seconds re- nation is at work develops only over same time; you have the same duties. maining? time. Comparative pay information, Who would imagine that you would be The ACTING PRESIDENT pro tem- moreover, is often hidden from the em- paid less than the younger man who pore. There is 4 minutes 45 seconds re- ployee’s view . . . Small initial discrep- came on the job a year or two before, maining. ancies may not be seen as meet for a or the older man with whom you had Mr. KENNEDY. I yield 4 minutes to federal case, particularly when the em- worked for years? the assistant majority leader.

VerDate Aug 31 2005 04:53 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S23AP8.REC S23AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3286 CONGRESSIONAL RECORD — SENATE April 23, 2008 Mr. DURBIN. I thank Senator KEN- more. I encourage colleagues to sup- this information which will allow NEDY, Senator MIKULSKI, and many port Senator KENNEDY and the motion women to determine whether they are others for bringing this measure before to invoke cloture. being discriminated against, informa- the Senate. I reserve the remainder of my time. tion they often lack now. You remember when we debated Su- Mr. ISAKSON. How much time re- In addition to passing this bill, we preme Court Justices, and do you re- mains on our side? need to strengthen enforcement of ex- call their testimony; you saw it on tel- The PRESIDING OFFICER (Ms. isting laws. In the end, closing the pay evision. I can recall Justice Roberts, CANTWELL). There is 2 minutes 5 sec- gap is essential, but it is not going to the Chief Justice, he told us he was onds. be enough to make sure that women similar to an umpire in baseball; all he Mr. ISAKSON. I yield myself the re- and girls have an equal shot at the did was call balls and strikes. He was mainder of the time. American dream, which is why we are not going to write the law or change Madam President, with all due re- also going to have to work on issues the law, he was going to apply the law spect to the Senator from Illinois, as such as sick leave and prohibiting dis- to the facts. Well, lo and behold, as was said earlier, in this case, in each crimination against caregivers. If you soon as Justice Roberts and Justice and every year from 1992 to 1997, Ms. work hard and do a good job, you Alito, the new Justices on the Supreme Ledbetter testified that she knew she should be rewarded, no matter what Court, arrived, they took a precedent, was being discriminated against but you look like, where you come from, or a law that had been followed for years didn’t file a claim. what gender you are. That is what this by the Supreme Court and turned it up- Secondly, this is not about restoring bill is about. That is why I am sup- side down. the Civil Rights Act to its state before porting this legislation and urge my Lilly Ledbetter, 19 years serving as a Ledbetter was decided last year. This is colleagues to do the same. manager in this Goodyear Tire facility about amending title VII of the Civil I yield the floor. in Gadsden, AL, was the only female Rights Act passed in 1964 in terms of The PRESIDING OFFICER. All time manager in a group of 15; all the rest its statute of limitations. has expired under time reserved for were men. It was not until she was The fact is that every one of us in Senators ISAKSON and KENNEDY. about to retire that someone said to this body is for precisely the same The Republican leader. her: Incidentally, you are not being thing: Discrimination against no one Mr. MCCONNELL. I yield myself paid as much as the men who are doing for race, sex, color, creed, national ori- leader time. the same job. She did not realize it. How would gin; equal pay for everyone. As the dis- The PRESIDING OFFICER. The Sen- she? Employers do not go around pub- tinguished Senator from Massachusetts ator has that right. lishing how much they pay their em- showed in his chart, we have over and Mr. MCCONNELL. Madam President, ployees in the newspaper, and they cer- over again reaffirmed this. This is not I remind my colleagues that if we in- tainly do not post it on the bulletin about the issue of discrimination. This voke cloture on this bill, we will actu- board. So she had no way of knowing is about the rule of law, the Civil ally be moving off the veterans bill. until the last minute. She filed a dis- Rights Act as it was passed in 1964 and Let me repeat that. A vote to proceed crimination claim and said: I did the amended in 1967, and its statute of lim- to the Ledbetter bill is a vote to pro- work, I deserve the pay. itations that has been upheld by the ceed away from the veterans bill. This It went all the way up to the Su- Supreme Court—not once, not twice, is really highly ironic because my side preme Court, to new Supreme Court not three times, but four separate opin- was taking a pounding Monday and Chief Justice Roberts and Justice ions in 1977, 1980, 1989, and 2002. Tuesday for allegedly holding up, if Alito. You know what they said? Your Ledbetter simply reaffirmed these you will, the veterans bill. Of course, problem, Lilly Ledbetter, is you should cases. that was not the case. We have ended have discovered how much they were If we have a problem, let’s address it up, in order to accommodate the sched- paying the other employees at the time in committee. Let’s fix it after open ules of those who are frequently not the initial discrimination began. That debate. Let’s not eviscerate the com- here—and understandably not here be- is physically impossible. They held her mittee process and bring a flawed bill cause they are running for President— to a standard she could not live up to. to the floor of the Senate. we had the Senate, in effect, not in ses- They knew what they were doing. They I urge my colleagues to vote against sion until 5 o’clock this afternoon. were throwing out her case of wage dis- the motion to invoke cloture on the While Americans are waiting for Con- crimination and thousands of others. motion to proceed and yield back the gress to do something about the econ- Those Justices were not calling balls remainder of my time. omy, jobs, and gas prices, our friends and strikes, they were making new Mr. KENNEDY. Madam President, I on the other side decided to close shop rules; and the rules were fundamen- yield the remainder of my time to the in order to accommodate the uncer- tally unfair. Senator from Illinois. tainties of the campaign trail. Finding We have a chance today to straighten The PRESIDING OFFICER. The Sen- solutions for the concerns of all our that out. I hope we have bipartisan ator from Illinois is recognized for 1 constituents should be our top priority, support for it. We should be against minute 30 seconds. not just accommodating the travel pay discrimination for women, men, Mr. OBAMA. Madam President, schedules of two of our Members. disabled, minorities. Every American today too many women are still earn- The proper course of action is clear. deserves to be treated fairly. ing less than men for doing the same We should vote to stay on the veterans The Chicago Tribune, not always a work, making it harder not just for bill and finish our work on behalf of paragon of liberal ideas, said this about those women but for the families they American veterans. The best way to do the Ledbetter decision by the Supreme help support to make ends meet. It is that is to vote against cloture on the Court: harder for single moms to climb out of motion to proceed to the matter before The majority’s sterile reading of the stat- poverty, harder for elderly women to us. ute ignores the realities on the ground. A afford their retirement. That kind of I yield the floor. woman who is fired on the basis of sex knows pay discrimination is wrong and has no The PRESIDING OFFICER. The ma- she has been fired. But a woman who suffers place in the United States of America. jority leader. pay discrimination may not discover it until years later, because employers often keep This evening, we have a chance to do Mr. REID. Madam President, first of pay scales confidential. The consequences of something about it. Passing this bill is all, for all Members, we are close to the ruling will be to let a lot of discrimina- an important step in closing the pay having agreement on the veterans bill tion go unpunished. gap, something I helped to do in Illi- when we get to it. Let me just say ini- Those who vote against this effort to nois and something I have fought to do tially, I really like my counterpart, the bring the bill to the floor will allow a since I arrived in the Senate. I have co- Republican leader. But I have trouble lot of discrimination to go unpunished sponsored legislation to ensure women understanding how he could stand on in America. receive equal pay for equal work and to the floor and say that when we have We owe the workers of America, the require employers to disclose their pay been trying to do legislation on the women of America, all workers a lot scales for various kinds of jobs. It is veterans bill since last Thursday and

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We have two Sen- she became concerned, and she did lenge discrimination should continue ators running for President of the what we should do in a situation like as well. That is why the legislation United States—three, as a matter of that. She went to talk to a lawyer. She now before us is so important. We can fact. I am only concerned about two of had been cheated for 20 years. A jury talk about court cases and hearings be- them. Their schedules were very dif- that was called in that court listened fore the committee and doing things in ficult recently. They could be here at 6 to what she had to say. They found she regular order. Let’s have some regular o’clock. So I made the suggestion, had been discriminated against. Why? order of fairness. That is what this leg- which I thought was reasonable—we Because she was a woman. The jury islation is all about. haven’t been able to legislate on the awarded her appropriate damages. This legislation would restore the veterans bill since last Thursday; how Her employer appealed all the way to previously accepted interpretation of about doing it on Wednesday, until 5 the Supreme Court. No way are we law: that each and every discrimina- o’clock. That would be 6 hours more going to let this happen. They over- tory paycheck constitutes a new act of than we have done since last Thursday. turned the lower court’s verdict, claim- discrimination and that restarts the There was a refusal to allow us to do ing she was entitled to nothing because 180-day clock. that. To have my friend, the Repub- she waited too long. The statute of lim- By supporting this motion to proceed lican leader, come here and say we itations had run. The Supreme Court and voting in favor of this legislation, haven’t done anything today because upheld that decision. They upheld the we have the opportunity to correct this we had a vote scheduled at their con- reversal of the decision that she had important injustice for millions of venience—he didn’t use the names, but gotten, the award by the jury that she women and millions of others who work hard but are unfairly deprived of Senators CLINTON and OBAMA—that is had gotten. The Supreme Court held absolutely without any foundation. I that the 180-day filing deadline for dis- compensation they deserve. Some on the Republican side argue have trouble understanding how my crimination cases like hers should be that this legislation would lead to a friend would have the gall to stand on calculated from the day of Ms. flood of litigation. Obviously, we know the floor and make the comment he Ledbetter’s first discriminatory pay- the Republicans are not excited about did, but he did. check. So using that faulty logic, this trial lawyers. We know their first at- Now to the issue at hand, Lilly woman is only protected if, after the tack to take care of the housing crisis Ledbetter. Put your mind to this. We first 6 months, she had filed a lawsuit. was to lower taxes and do something have a woman who is working. She has Well, she didn’t know. The ruling re- about litigation. So it is no surprise worked for 20 years and worked hard, versed the position that most courts they are concerned about litigation, very hard, and after 20 years she comes had previously held—contrary to what even though they are wrong. to the realization that people are mak- my good friend Senator ISAKSON said— That argument has no basis in fact. ing a lot more money than she. They that each discriminatory paycheck rep- The Congressional Budget Office has are men, and they are doing the same resents a new case of discrimination researched this issue and found no rea- work as she is. That is what this is all and therefore the 180-day filing period son—no reason—to believe it would in- about. As a foundation, understand applies to each subsequent paycheck. crease the number of discrimination that for a woman to make the same The practical result of the Supreme cases. amount of money as a man in our Court decision is that women like Lilly Furthermore, this legislation main- country—that is, how much a man Ledbetter must sue for discrimination tains the current law’s 2-year limit on makes in our country for 1 year—for no later than 6 months after their em- back pay. Employers would not be lia- similar work, she must work not only ployment begins, 6 months after her ble for salary differences that occurred that whole year but an additional 113 first paycheck. The Supreme Court’s in years past. In her case, Ledbetter days. In fact, women who work full ruling puts unfair conditions on legiti- could sue, but she could only get 2 of time earn about 77 cents for every dol- mate discrimination claims, and it ap- the 20 years she had been cheated. That lar earned by a man who does the same plies not only to millions of women in is what this legislation does. How work. the workforce but also to those dis- much fairer could it be? That is why yesterday, April 23, criminated against on the basis of race, The U.S. Supreme Court is the high- which was the 113th day of the year, religion, age, or disability. est Court in our country. But in this was Equal Pay Day, to illustrate how As Justice Ginsburg said—and rarely case, they simply got it wrong. I am women are treated unfairly in the from the Supreme Court does one of sad to report, in my opinion, many workplace in America. I can think of the Justices read their opinion; she did times they have done the same thing no better way for us to honor Equal that—she noted in her strong and com- since Justices Roberts and Alito have Pay Day than to pass the Lilly pelling dissent that the Supreme joined that Court. Ledbetter Fair Pay Act. Court’s ruling is wrong because it over- Many of us have spoken against re- She was a manager at a Goodyear looks the realities of the workplace cent Supreme Court nominees for fear factory in Gadsden, AL. She worked and the realities of the world. Think they would not uphold our Nation’s there for 20 years. She was the only about that. She had worked there 20 proud tradition of civil rights and woman among 16 men at her same years. She had been cheated for 20 equal rights in law. This faulty judg- management level. She was paid at years. They are telling her she should ment on the part of the Court, in a 5- various times 20 percent less than some have filed her lawsuit 191⁄2 years ago. to-4 decision, lends credence to our of her male colleagues doing the same Many employers explicitly or implic- concerns that we must support judges work and as much as 40 percent less itly prohibit employees from dis- with a reliable history of support for than other colleagues doing the same cussing their salary with coworkers. the values of equality that we cherish. work. That included fellow workers Could Ms. Ledbetter be expected to There is no reason for the Fair Pay who had a lot less seniority than she have known the salaries of her male Act to be a partisan issue. had. They got paid more because they colleagues after just 6 months on the I urge my Republican colleagues to were men. job? Of course not. And even if a new join us in sending a strong and power- At most jobsites, especially office employee is aware of a discrepancy in ful message that in America, discrimi- work, salary is not a topic that you pay, many choose not to make waves, nation will never be tolerated and jus- discuss. It is private. It wasn’t until preferring to hang on to their job, pre- tice will always be blind. But no mat- Ledbetter had been with the company ferring to quietly build job security. ter the result today, that message—and for 20 years, as I have indicated, that But over the years, these initial dis- our commitment to those enduring val- Mrs. Ledbetter became aware of the crepancies, which may start out small, ues—will continue.

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