This act amends Title II of the Civil Rights Act of 1964, Title I and Section 503 of the Americans with Disabilities Act of 1990, Sections 501 and 504 of the Rehabilitation Act of 1973, and the Age Discrimination in Employment Act of 1967.
The Ledbetter Act became the first bill signed into law by President Obama. Lilly Ledbetter was paid less than her male coworkers for almost two decades. The act overrules the U.S. Supreme Court's May 2007 decision in Ledbetter v. Goodyear Tire & Rubber Co. In that case, the Court held that the 180-day time limit for filing a charge under Title VII of the Civil Rights Act starts after the initial unlawful employment action and does not restart upon receipt of each successive check.
The act provides that the charge-filing periods (with the PHRC--0r cross-file with the EEOC-- within 180 days or with the EEOC--or cross-file with the state agency--within 300 days) begin with:
- A discriminatory compensation decision or other practice is adopted.
- An individual becomes subject to the decision or practice.
- An individual is affected by the application of a decision or practice, including each time waves, benefits, or compensation is paid, resulting in whole or in part from such a decision or other practice.
Effectively, the statute of limitations starts each time an employee receives a paycheck based on the decision
The law also expands the plaintiff field and provides that an unlawful employment practice occurs when "an aggrieved person" is affected by a discriminatory compensation decision or practice. Now, non-employees such as family members, including spouses and children of a deceased worker, and potentially others, may become plaintiffs in discrimination suits claiming that pension benefits are reduced because of a discriminatory decision.
Additional information on the laws enforced by the Equal Employment Opportunity Commission (EEOC) can be found at www.eeoc.gov
Full text of Lilly Ledbetter Fair Pay Act
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