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Obama Signs Equal Pay Bill
Barack Obama today signed the first bill of his presidency, a piece of legislation known as the Lilly Ledbetter Fair Pay Restoration Act that makes it easier for workers to sue after discovering what they believe to be pay discrimination.
Lilly Ledbetter, an Alabama Goodyear Tire & Rubber Co. worker, speaks during a news conference on Capitol Hill in Washington, Thursday, Jan. 22, 2009, on the 'Lilly Ledbetter Fair Pay Act.' (AP Photo/Susan Walsh) In signing the bill, Mr. Obama said that it sends the message "that there are no second class citizens in our workplaces, and that it's not just unfair and illegal -- but bad for business -- to pay someone less because of their gender, age, race, ethnicity, religion or disability."
The legislation is named after Ledbetter, 70, who worked at Goodyear Tire & Rubber in Alabama for nearly 20 years before discovering that she was being paid less than men who were doing the same job. She became the face of workplace discrimination during Mr. Obama's presidential campaign, speaking at the Democratic National Convention and appearing in commercials for the then-Illinois senator.
The legislation, which Congress passed on Tuesday, effectively overturns a two-year-old, 5-4 Supreme Court decision that found that Ledbetter did not have grounds to sue because she did not discover the alleged pay discrimination within six months of it first taking place.
The bill signed by Mr. Obama today changes the rules so that Ledbetter and workers like her can sue within six months of discovering the alleged pay discrimination, regardless of when it began.
The Bush White House and Senate Republicans had previously blocked efforts to bring forth such legislation, which they suggested could encourage lawsuits.
The president signed the bill at a ceremony in the East Room of the White House, with Ledbetter at his side. Also present were House Speaker Nancy Pelosi, Secretary of State Hillary Clinton and representatives from women's and labor groups.
"This bill is an important step -- a simple fix to ensure fundamental fairness to American workers -- and I want to thank this remarkable and bi-partisan group of legislators who worked so hard to get it passed," the president said. "And this is only the beginning. I know that if we stay focused, as Lilly did -- and keep standing for what's right, as Lilly did -- we will close that pay gap and ensure that our daughters have the same rights, the same chances, and the same freedom to pursue their dreams as our sons."
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24 Comments so far
Show All"In signing the bill, Mr. Obama said that it sends the message "that there are no second class citizens in our workplaces, and that it's not just unfair and illegal -- but bad for business -- to pay someone less because of their gender, age, race, ethnicity, religion or disability."
This was a significant gesture by President Obama and Congress. On the other hand, if they don't start dealing with bogus trade agreements where workers in other countries are willing to accept slave wages, this piece of legislation isn't going to do much to help women support themselves and their families.
All the "free-trade" advocates in government will be hearing from their favorite corporate lobbyists about this piece of legislation. Sadly, it just might encourage more outsourcing of jobs or moving more manufacturing plants to slave-wage countries.
The Gods giveth and the Gods taketh away!
Well said! Both on the issue of human rights and worker rights (the latter which was intentionally excluded from both NAFTA and its predecessor the Free Trade agreement between Canada and the US. NAFTA has become a model for other trade agreements which intentionally exclude worker and environmental protections.
Have you come across the following yet?
Women not included in Conservative budget
There is not a single mention of women in the entire budget document.
by Irene Mathyssen, NDP MP
The Conservative budget is totally inadequate when it comes to funding for Status of Women and for issues that directly affect women. Women are not considered at all in this budget. There is not a single mention of women in the entire document.
http://www.straightgoods.ca/2009/ViewFeature.cfm?Ref=58
Slave-wage countries, you say? Don't forget the U.S., with it's 12-20 million illegals working two or more slave-wage/no-benefits jobs, living in barracks-like housing, and doing little besides working, eating and sleeping.
Insourcing is every bit as bad as outsourcing, and even worse macro-economically because taxpayers are forced to subsidize the illegal employers' labor costs with food stamps, subsidized housing, medicare-paid healthcare, public schools, and increased law enforcement costs.
How's this for unintended consequences.
Fact:Lilly Ledbetter received substandard performance reviews for years, perhaps that was why she was paid less!
Instead of keeping poor performing Lilly Ledbetter on the payroll for 20 year, and risking a discrimination lawsuit that can go back decades. Employers might be more inclined to fire substandard performers immediately.
Bye Bye jobs!
There are many ways that employers can thwart or discriminate against employees who have the wrong race or gender. I have seen quite a few in action. No single law can change thousands of years of discrimination and belittling of women or hundreds of years of racial discrimination. It is a constant struggle, legally and in breaking up walls of silence that hide the unfair treatment.
Joe
That sounds like BS. Alabama is a right-to-work state, which means employers can fire employees at any time without giving any reason at all. Absent proof of a racial motive, there would be no grounds for a discrimination lawsuit.
RoR - where do you get the idea that her performance was not up to par - because she is a woman? And employers don't keep on substandard workers because they agree to lower pay!
Why don't you folks read the law?
The law says you have to file a discrimination case within 6 months of discovering the discrimination.
She filed the suit 20 years after discovering the discrimination!
The supremes read the law and decided (correctly) that 20 years later does not fall within the 6 month window!
All her performance reviews were made public when the case went to court. Her supervisor couldn't testify in the case because he died years before the case went to trial!
So after this woman retired she decides to sue for discrimination after working at the plant for 20 years.
This law should be called the "tort lawyer full employment act of 2009"!
Every retired employee of every company can now sue for discrimination, and if your lawyer is any good, you too can collect a huge settlement from your former employer!
And everyone wonders why all the jobs are heading off shore!
"She filed the suit 20 years after discovering the discrimination!" That's false.
The article states: ". . . [the] Supreme Court decision . . . found that Ledbetter did not have grounds to sue because she did not discover the alleged pay discrimination within six months of it first taking place."
It also states: ". . . Ledbetter, 70, worked at Goodyear Tire & Rubber in Alabama for nearly 20 years before discovering that she was being paid less than men who were doing the same job. . ."
Get that? She didn't sue within six months because she didn't know about the discrimination for nearly 20 years.
The NEW law that Obama just signed says you can now sue within six months of DISCOVERING wage discrimination, overturning the OLD law which restricted lawsuits to within six months of the date the discrimination began.
Is there something wrong with your reading comprehension?
Isn't that a bit open-ended?
So now you can 'discover' you were being discriminated against at any point in your entire life.
Maybe I should sue my first employer, there were women working there doing the same job I was doing, and they were making more money than me!
Let's see, that was 40 years ago. I just now 'discovered' I was being discriminated against!
Any ambulance chasers out there need work?
Is there something wrong with your ability to think logically?
You can't just pretend to have recently discovered such. You must present credible evidence for the recent discovery in court, and the defendant will have the chance to challenge that evidence. You won't find a lawyer willing to take a case on a contingency basis unless you have strong, credible evidence. Just try. You'll quickly be shown the door.
But, apparently, each explanation presented to you will result in a new false paradigm, another changing of the goal posts. First you claimed we misread the law, now you claim the law is not logical. So, your next objection will be what . . . voodoo?
No, there's nothing wrong with my ability to think logically. But, there is with yours.
Did you read the decision? Did you read the dissent? She did not, in fact, file the claim 20 years after discovering the discrimination. You can easily find the decision online. I suggest you read it before making claims about what it says.
It's such a cheap shot to say that jobs are heading offshore because people have the temerity to enforce employment law in this country. Are you saying that we should scrap all worker protections, and allow employers to run sweatshops and exploit workers? Let me guess--you're a white male, right? A lifetime beneficiary of White Privilege. Never discriminated against. Do you know what everyone in your job classification earns? Do people talk about what they make? No, probably not. Employers are very good at hiding what they do. In your case (if my White Privilege theory is correct) it doesn't matter, because they are taking care of you.
Years ago, I found out quite by accident that another person, hired at the same time as I, doing exactly the same job, with exactly the same education, was being paid slightly more than 6% more than I was paid. I went to the EEOC, and eventually the employer gave me a check for the difference. I hadn't worked there very long, but someone else who had (who was not only a woman, but black) got a nice big (voluntary--no lawyers were enriched) back pay check. The employer knew it had been caught, and quietly redressed the wrong. Justice was done.
If you read my responses to RoR, you'll see I also shot down his nonsense. But, it's also wrong (racist and bigoted) to characterize all people of a certain race and/or gender as the same. White males? There are plenty of poor, disadvantaged whites, both male and female. In fact, there are more poor whites than poor anything else.
I think privilege is based on class; not race, gender, age, religion or any other distinction. Only . . . what is it? . . . 1% of individuals earn more than $250,000 a year? Yet that group owns 70% of everything in the country? The rich exploitation of the middle class/working class/poor (all the rest of us) far outstrips gender, racial or any other exploitation. The Wall Street rip-off/bail out should have proved that once and for all.
Before Reagan, rich folks paid far more income tax than they have since his "revolution." Now, the rest of us pay a higher percentage of our incomes in taxes (all taxes combined) than the rich. That's not right.
That's the battle we should be fighting: make-the-rich-pay-their-fair-share. Not, blame-white-men.
Let me guess she probably got substandard reviews because she dared to stick up for her rights. I might not agree with Obama on everything but the fact he supports things that piss off bigoted regressive like you RoR IS a good sign indeed. Have fun for the next 8 years, smirk.
Thanks hootowl.
and you dont think that the reason she received substandard reviews for her performance was a way to justify their discrimination? you are kidding right?
Did you read the opinion, and the dissent, in the Ledbetter case? The jury found that Goodyear had discriminated against her on the basis of sex. Other female supervisors testified to being paid less than the men they supervised. In one of the years that Ledbetter had a poor performance evaluation, she received an award. I've never known any employer to retain employees whose work is truly unacceptable. But it makes sense that Goodyear would benefit from keeping her around at a substantially lower salary than the men who did the same job. The poor performance evaluations were both a pretext for discriminatory pay and evidence of discrimination. This isn't the first time that Congress has corrected the court when it was overly narrow in its interpretation of Title VII. And, don't forget, it was a 5-4 decision by the very pro-Corporate/anti-individual Roberts court.
Everyone in the workplace is a second class citizen. Fairness for the American worker comes when they ignore the slavery treadmill. Barak the magic bill signer has nothing to do with it.
http://video.google.com/videoplay?docid=7065205277695921912
While I applaud Obama's efforts on signing this bill, I have an uneasy feeling that he's getting ready to undermine the bill to the point of rendering it null and void via backdoor pork just like he's allowing the GOP to do on the issue of abortion.
After voting Repub, and against her and other women's interests, all her life she finally has a revelation at the end of her carrer. Meanwhile, other women have fought all their lives for workplace equality.
All this seems to be is a little tweak and tug here. I think that the equal pay laws just need to be enforced. All people should have to do is report the employer to the EEOC or some such agency. And the employee should not be punished in any way if it is found that there was no discrimination.
How many people can afford an attorney? I'd sue mine if I had the money.
You shouldn't have to be suing anyone. It should just be. Bump everyone up to a living salary. If someone's performance is not up to par, they should be coached, or perhaps moved into a different position.
I don't know. I just think that the workplace needs a drastic overhaul. The way we do things right now is rather half-assed at best.
She doesn't look like a "sub-standard worker" to me.
She's 70. I would imagine that she's retired. Of course in this economy, who knows?
See what I told you? And you naysayers thought Obama wouldn't sign the Equal Pay bill let alone within a week. When Obama's given a chance, he succeeds. Only obstructionists want him to fail.
Terrance Mitchell
Redfield, South Dakota