Lilly Ledbetter Fair Pay Act
Encyclopedia
The Lilly Ledbetter Fair Pay Act of 2009 is an Act of Congress
enacted by the 111th United States Congress
and signed into law by President
Barack Obama
on January 29, 2009.
The bill amends the Civil Rights Act of 1964
stating that the 180-day statute of limitations
for filing an equal-pay lawsuit regarding pay discrimination resets with each new discriminatory paycheck. The law was a direct answer to the Ledbetter v. Goodyear Tire & Rubber Co.
, , a U.S. Supreme Court decision holding that the statute of limitations for presenting an equal-pay lawsuit begins on the date that the employer makes the initial discriminatory wage decision, not at the date of the most recent paycheck, as a lower court had ruled.
A first bill to amend the statutory limitations period and supersede the Ledbetter decision was introduced in the 110th United States Congress
but was never enacted, as after having been passed by the House
it failed to survive a cloture
vote in the Senate
due to the opposition of most of the Republican Senators.
During the campaign for the 2008 elections, the Democrats
criticized Republicans
for defeating the 2007 version of the bill, citing Republican presidential candidate John McCain
's opposition. Then-candidate Barack Obama
supported the bill.
A new version of the bill was eventually re-introduced in the first session of the 111th United States Congress
, obtaining this time the necessary support to pass cloture. The bill was then brought to the attention of the President and became the first act of congress signed by the new President Obama since his assumption of office
on January 20.
, a production supervisor at a Goodyear
tire plant in Alabama
, filed an equal-pay lawsuit regarding pay discrimination under Title VII of the Civil Rights Act of 1964
, six months before her early retirement in 1998. The courts gave opposite verdicts, first supporting the complainant and later opposing; in conclusion the complainant brought the case to the attention of the Supreme Court. The latter ruled in 2007 by a 5-4 majority vote that Ledbetter's complaint was time-barred because the discriminatory decisions relating to pay had been made more than 180 days prior to the date she filed her charge, as explained by Justice Samuel Alito
. The minority position explained by Justice Ruth Bader Ginsburg
proposed an interpretation according to which the law runs from the date of any paycheck that contains an amount affected by a prior discriminatory pay decision.
The Ledbetter decision was cited by federal judges in 300 cases before the LLFPA was passed. These cases involved not only Title VII of the Civil Rights Act, but also the Age Discrimination in Employment Act
, Fair Housing Act, Patsy T. Mink Equal Opportunity in Education Act and Eighth Amendment to the Constitution
.
The case had never received much attention before going to the Supreme Court, but the Court's ruling ignited legal groups on the left and Democrats that took action to transform the Ledbetter case into a rallying issue for the left, having activists seen in the figure of the complainant an ideal standard-bearer in their attempt to persuade the public that the Supreme Court was moving too far to the right.
Among the first to criticize the Court's decision was Marcia Greenberger, president of the National Women's Law Center
, that saw in the ruling a "setback for women and a setback for civil rights" and called Ginsburg's opinion a "clarion call to the American people that this slim majority of the court is headed in the wrong direction." Debra Ness, president of the National Partnership for Women & Families, also condemned the decision, saying, “If employers can keep the discrimination hidden for a period of time, they can continue to discriminate without being held accountable.” On the other side, the majority's findings were applauded by the US Chamber of Commerce
, that called it a "fair decision" that "eliminates a potential wind-fall against employers by employees trying to dredge up stale pay claims."
The House Democrats
were fast to react, coming out on June 12 against the Supreme Court. Claiming lead from Justice Ruth Ginsburg's minority opinion, which invited the Congress to take action by amending the law, the Democrats announced their intention to intervene: House Majority Leader
Steny Hoyer
and Education and Labor Committee Chairman George Miller said that a bill was to be passed to avoid future court rulings in line with Ledbetter, clearly putting that "a key provision of the legislation will make it clear that discrimination occurs not just when the decision to discriminate is made, but also when someone becomes subject to that discriminatory decision, and when they are affected by that discriminatory decision, including each time they are issued a discriminatory paycheck", as said by Rep. Miller.
Republicans immediately opposed the bill as drafted, with Education and Labor Committee ranking member
Howard McKeon
raising the issue that business executives would be held liable for actions taken by managers who weren't leading the company anymore: "At the end of the day, such a loophole conceivably could allow a retiring employee to seek damages against a company now led by executives who had nothing to do with the initial act of discrimination".
The issue proved contentious also among lawyers: while the American Bar Association
passed a resolution supporting the new bill, others such as Neal Mollen, argued that extending the term limit would put a strain on the chances of an adequate defense for the employers, as to defend themselves one "has to rely on documents and the memory of individuals, and neither of those is permanent. If a disappointed employee can wait for many years before raising a claim of discrimination ... he or she can wait out the employer, that is ensure that the employer effectively unable to offer any meaningful defense to the claim".
Organizations that supported the bill include the:
American Civil Liberties Union
, AFL-CIO
, American Federation of Teachers
, National Education Association
, American Rights at Work
, American Library Association
, People For the American Way
, Leadership Conference on Civil Rights
, National Employment Lawyers Association, Hadassah
, National Women's Law Center
, National Network to End Domestic Violence
, Center for Inquiry - Washington DC
American Association of University Women
, Alliance for Justice
, Legal Momentum
, Bazelon Center for Mental Health Law
, National Partnership for Women and Families, Coalition of Labor Union Women
, Moms Rising, National Organization for Women
, American Association of Retired Persons, Women's Voices, Women Vote Action Fund, 21st Century Democrats
, 9to5, National Association of Working Women
, the Religious Action Center of Reform Judaism,, and Women Employed
.
Organizations that opposed the bill include the:
U.S. Chamber of Commerce, Eagle Forum
, Society for Human Resource Management
, National Association of Manufacturers
, American Bakers Association, College and University Professional Association for Human Resources, Associated Builders and Contractors, and American Housing & Lodging Association.
The bill ( and ) was defeated in April 2008 by Republicans in the Senate
who cited the possibility of frivolous lawsuits in their opposition of the bill and criticized Democrats for refusing to allow compromises.
The bill was re-introduced in the 111th Congress (as and ) in January 2009. It passed in the House of Representatives with 247 votes in support and 171 against. The vote was nearly perfectly split along party lines, with only three Republicans voting in favor (Ed Whitfield
of Kentucky
, Don Young
of Alaska
and Chris Smith
of New Jersey
) and three Democrats voting nay (Travis Childers
of Mississippi
, Allen Boyd
of Florida
, and Parker Griffith
of Alabama
).
The Senate voted 72 to 23 to invoke cloture
on S. 181 on January 15, 2009. (The vote to invoke cloture ends debate on a bill, and usually leads to a final vote within a few days.) The Lilly Ledbetter Fair Pay Act passed the Senate, 61-36, on January 22, 2009. The votes in favor included every Democratic senator (except Edward Kennedy of Massachusetts, who was absent from the vote because of health issues) and five Republican senators.
As president, Obama actively supported the bill. The official White House blog
said:
House Majority Leader Steny Hoyer
announced that the House would vote on S.181 (the bill passed by the Senate) during the week of January 26, getting the bill to President Obama's desk sooner rather than later. On January 27, the House passed S.181 by a 250-177 margin.
On January 29, Obama signed the bill into law. It was the first act he signed as president, and it fulfilled his campaign pledge to nullify Ledbetter v. Goodyear. However, the fact that he signed it only two days after it was passed by the House brought him under criticism from papers such as the St. Petersburg Times
which mentioned his campaign promise to give the public five days of notice to comment on legislation before he signed it. The White House through a spokesman answered that they would be "implementing this policy in full soon", and that currently they were "working through implementation procedures and some initial issues with the congressional calendar".
Act of Congress
An Act of Congress is a statute enacted by government with a legislature named "Congress," such as the United States Congress or the Congress of the Philippines....
enacted by the 111th United States Congress
111th United States Congress
The One Hundred Eleventh United States Congress was the meeting of the legislative branch of the United States federal government from January 3, 2009 until January 3, 2011. It began during the last two weeks of the George W. Bush administration, with the remainder spanning the first two years of...
and signed into law by President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
on January 29, 2009.
The bill amends the Civil Rights Act of 1964
Civil Rights Act of 1964
The Civil Rights Act of 1964 was a landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation...
stating that the 180-day statute of limitations
Statute of limitations
A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated...
for filing an equal-pay lawsuit regarding pay discrimination resets with each new discriminatory paycheck. The law was a direct answer to the Ledbetter v. Goodyear Tire & Rubber Co.
Ledbetter v. Goodyear Tire & Rubber Co.
Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 , is an employment discrimination decision of the Supreme Court of the United States. Justice Alito held for the five-justice majority that employers cannot be sued under Title VII of the Civil Rights Act over race or gender pay discrimination...
, , a U.S. Supreme Court decision holding that the statute of limitations for presenting an equal-pay lawsuit begins on the date that the employer makes the initial discriminatory wage decision, not at the date of the most recent paycheck, as a lower court had ruled.
A first bill to amend the statutory limitations period and supersede the Ledbetter decision was introduced in the 110th United States Congress
110th United States Congress
The One Hundred Tenth United States Congress was the meeting of the legislative branch of the United States federal government, between January 3, 2007, and January 3, 2009, during the last two years of the second term of President George W. Bush. It was composed of the Senate and the House of...
but was never enacted, as after having been passed by the House
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
it failed to survive a cloture
Cloture
In parliamentary procedure, cloture is a motion or process aimed at bringing debate to a quick end. It is also called closure or, informally, a guillotine. The cloture procedure originated in the French National Assembly, from which the name is taken. Clôture is French for "ending" or "conclusion"...
vote in the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
due to the opposition of most of the Republican Senators.
During the campaign for the 2008 elections, the Democrats
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
criticized Republicans
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
for defeating the 2007 version of the bill, citing Republican presidential candidate John McCain
John McCain
John Sidney McCain III is the senior United States Senator from Arizona. He was the Republican nominee for president in the 2008 United States election....
's opposition. Then-candidate Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
supported the bill.
A new version of the bill was eventually re-introduced in the first session of the 111th United States Congress
111th United States Congress
The One Hundred Eleventh United States Congress was the meeting of the legislative branch of the United States federal government from January 3, 2009 until January 3, 2011. It began during the last two weeks of the George W. Bush administration, with the remainder spanning the first two years of...
, obtaining this time the necessary support to pass cloture. The bill was then brought to the attention of the President and became the first act of congress signed by the new President Obama since his assumption of office
Inauguration of Barack Obama
The inauguration of Barack Obama as the 44th President of the United States took place on Tuesday, January 20, 2009. The inauguration, which set a record attendance for any event held in Washington, D.C., marked the commencement of the four-year term of Barack Obama as President and Joe...
on January 20.
Court rulings
The antecedents of the case were posed when Lilly LedbetterLilly Ledbetter
Lilly Ledbetter was the plaintiff in the American employment discrimination case Ledbetter v. Goodyear Tire & Rubber Co. She has since become a women's equality activist.-Ledbetter v. Goodyear Tire & Rubber Co.:...
, a production supervisor at a Goodyear
Goodyear Tire and Rubber Company
The Goodyear Tire & Rubber Company was founded in 1898 by Frank Seiberling. Goodyear manufactures tires for automobiles, commercial trucks, light trucks, SUVs, race cars, airplanes, farm equipment and heavy earth-mover machinery....
tire plant in Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
, filed an equal-pay lawsuit regarding pay discrimination under Title VII of the Civil Rights Act of 1964
Civil Rights Act of 1964
The Civil Rights Act of 1964 was a landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation...
, six months before her early retirement in 1998. The courts gave opposite verdicts, first supporting the complainant and later opposing; in conclusion the complainant brought the case to the attention of the Supreme Court. The latter ruled in 2007 by a 5-4 majority vote that Ledbetter's complaint was time-barred because the discriminatory decisions relating to pay had been made more than 180 days prior to the date she filed her charge, as explained by Justice Samuel Alito
Samuel Alito
Samuel Anthony Alito, Jr. is an Associate Justice of the U.S. Supreme Court. He was nominated by President George W. Bush and has served on the court since January 31, 2006....
. The minority position explained by Justice Ruth Bader Ginsburg
Ruth Bader Ginsburg
Ruth Joan Bader Ginsburg is an Associate Justice of the Supreme Court of the United States. Ginsburg was appointed by President Bill Clinton and took the oath of office on August 10, 1993. She is the second female justice and the first Jewish female justice.She is generally viewed as belonging to...
proposed an interpretation according to which the law runs from the date of any paycheck that contains an amount affected by a prior discriminatory pay decision.
The Ledbetter decision was cited by federal judges in 300 cases before the LLFPA was passed. These cases involved not only Title VII of the Civil Rights Act, but also the Age Discrimination in Employment Act
Age Discrimination in Employment Act
The Age Discrimination in Employment Act of 1967, Pub. L. No. 90-202Code, through , forbids employment discrimination against anyone at least 40 years of age in the United States .-Scope of Protection:...
, Fair Housing Act, Patsy T. Mink Equal Opportunity in Education Act and Eighth Amendment to the Constitution
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...
.
The case had never received much attention before going to the Supreme Court, but the Court's ruling ignited legal groups on the left and Democrats that took action to transform the Ledbetter case into a rallying issue for the left, having activists seen in the figure of the complainant an ideal standard-bearer in their attempt to persuade the public that the Supreme Court was moving too far to the right.
Among the first to criticize the Court's decision was Marcia Greenberger, president of the National Women's Law Center
National Women's Law Center
The National Women's Law Center is a Washington, DC-based non-profit organization founded in 1972. Through litigation and policy initiatives, the Center strives to improve the lives of women and their families in the areas of health, employment, family economic security, and education...
, that saw in the ruling a "setback for women and a setback for civil rights" and called Ginsburg's opinion a "clarion call to the American people that this slim majority of the court is headed in the wrong direction." Debra Ness, president of the National Partnership for Women & Families, also condemned the decision, saying, “If employers can keep the discrimination hidden for a period of time, they can continue to discriminate without being held accountable.” On the other side, the majority's findings were applauded by the US Chamber of Commerce
United States Chamber of Commerce
The United States Chamber of Commerce is an American lobbying group representing the interests of many businesses and trade associations. It is not an agency of the United States government....
, that called it a "fair decision" that "eliminates a potential wind-fall against employers by employees trying to dredge up stale pay claims."
The Bill
Democratic Caucus of the United States House of Representatives
The House Democratic Caucus nominates and elects the Democratic Party leadership in the United States House of Representatives. The group is composed of all Democratic Representatives in the House...
were fast to react, coming out on June 12 against the Supreme Court. Claiming lead from Justice Ruth Ginsburg's minority opinion, which invited the Congress to take action by amending the law, the Democrats announced their intention to intervene: House Majority Leader
Party leaders of the United States House of Representatives
Party leaders of the United States House of Representatives are elected by their respective parties in a closed-door caucus by secret ballot and are also known as floor leaders. The U.S. House of Representatives does not officially use the term "Minority Leader", although the media frequently does...
Steny Hoyer
Steny Hoyer
Steny Hamilton Hoyer is the U.S. Representative for , serving since 1981. The district includes a large swath of rural and suburban territory southeast of Washington, D.C.. He is a member of the Democratic Party....
and Education and Labor Committee Chairman George Miller said that a bill was to be passed to avoid future court rulings in line with Ledbetter, clearly putting that "a key provision of the legislation will make it clear that discrimination occurs not just when the decision to discriminate is made, but also when someone becomes subject to that discriminatory decision, and when they are affected by that discriminatory decision, including each time they are issued a discriminatory paycheck", as said by Rep. Miller.
Republicans immediately opposed the bill as drafted, with Education and Labor Committee ranking member
Ranking member
In United States politics, a ranking member is the second-most senior member of a congressional or state legislative committee from the majority party. Another usage refers to the most senior member of a congressional or state legislative committee from the minority party. This second usage, often...
Howard McKeon
Howard McKeon
Howard Philip "Buck" McKeon is the U.S. Representative for , serving since 1993. He is a member of the Republican Party.-Early life, education and career:...
raising the issue that business executives would be held liable for actions taken by managers who weren't leading the company anymore: "At the end of the day, such a loophole conceivably could allow a retiring employee to seek damages against a company now led by executives who had nothing to do with the initial act of discrimination".
The issue proved contentious also among lawyers: while the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
passed a resolution supporting the new bill, others such as Neal Mollen, argued that extending the term limit would put a strain on the chances of an adequate defense for the employers, as to defend themselves one "has to rely on documents and the memory of individuals, and neither of those is permanent. If a disappointed employee can wait for many years before raising a claim of discrimination ... he or she can wait out the employer, that is ensure that the employer effectively unable to offer any meaningful defense to the claim".
Organizations that supported the bill include the:
American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
, AFL-CIO
AFL-CIO
The American Federation of Labor and Congress of Industrial Organizations, commonly AFL–CIO, is a national trade union center, the largest federation of unions in the United States, made up of 56 national and international unions, together representing more than 11 million workers...
, American Federation of Teachers
American Federation of Teachers
The American Federation of Teachers is an American labor union founded in 1916 that represents teachers, paraprofessionals and school-related personnel; local, state and federal employees; higher education faculty and staff, and nurses and other healthcare professionals...
, National Education Association
National Education Association
The National Education Association is the largest professional organization and largest labor union in the United States, representing public school teachers and other support personnel, faculty and staffers at colleges and universities, retired educators, and college students preparing to become...
, American Rights at Work
American Rights at Work
American Rights at Work is a U.S. self-described nonpartisan, nonprofit organization that advocates for workers and their right to form unions without interference....
, American Library Association
American Library Association
The American Library Association is a non-profit organization based in the United States that promotes libraries and library education internationally. It is the oldest and largest library association in the world, with more than 62,000 members....
, People For the American Way
People For the American Way
People For the American Way is a progressive advocacy group in the United States. Under U.S. tax code, People For the American Way is organized as a tax-exempt 501 non-profit organization.-Purpose:...
, Leadership Conference on Civil Rights
Leadership Conference on Civil Rights
The Leadership Conference on Civil and Human Rights , formerly called The Leadership Conference on Civil Rights, is an umbrella group of American civil rights interest groups.-Organizational history:...
, National Employment Lawyers Association, Hadassah
Hadassah
Hadassah, the Women's Zionist Organization of America is an American Jewish volunteer women's organization. Founded in 1912 by Henrietta Szold, it is one of the largest international Jewish organizations, with around...
, National Women's Law Center
National Women's Law Center
The National Women's Law Center is a Washington, DC-based non-profit organization founded in 1972. Through litigation and policy initiatives, the Center strives to improve the lives of women and their families in the areas of health, employment, family economic security, and education...
, National Network to End Domestic Violence
National Network to End Domestic Violence
The National Network to End Domestic Violence is a not-for-profit organization incorporated in the District of Columbia since 1995. It is a network of state domestic violence coalitions, representing over 2,000 member organizations nationwide...
, Center for Inquiry - Washington DC
American Association of University Women
American Association of University Women
The American Association of University Women advances equity for women and girls through advocacy, education, and research. It was founded in 1882 by Ellen Swallow Richards and Marion Talbot...
, Alliance for Justice
Alliance for Justice
Alliance for Justice is a national association of environmental, civil rights, mental health, women's, children's and consumer advocacy organizations in the USA....
, Legal Momentum
Legal Momentum
Legal Momentum, formerly known as NOW Legal Defense and Education Fund, is the oldest legal advocacy group for women in the United States. Founded in 1970, Legal Momentum is a liberal multi-issue organization dedicated to advancing women’s rights across the country...
, Bazelon Center for Mental Health Law
Bazelon Center for Mental Health Law
The Bazelon Center for Mental Health Law is a national legal-advocacy organization representing people with mental disabilities in the USA. Originally known as The Mental Health Law Project, the Center was founded as a national public-interest organization in 1972 by a group of specialized...
, National Partnership for Women and Families, Coalition of Labor Union Women
Coalition of Labor Union Women
The Coalition of Labor Union Women is a nonprofit, nonpartisan organization of trade union women affiliated with the AFL-CIO.CLUW has four goals:*Promoting affirmative action in the workplace*Strengthening the role of women in unions...
, Moms Rising, National Organization for Women
National Organization for Women
The National Organization for Women is the largest feminist organization in the United States. It was founded in 1966 and has a membership of 500,000 contributing members. The organization consists of 550 chapters in all 50 U.S...
, American Association of Retired Persons, Women's Voices, Women Vote Action Fund, 21st Century Democrats
21st Century Democrats
21st Century Democrats is a political organization founded by Senator Tom Harkin, commentator Jim Hightower and Congressman Lane Evans to help elect "progressive" or "populist" candidates.- Background :...
, 9to5, National Association of Working Women
9to5, National Association of Working Women
9to5, National Association of Working Women is an organization established in 1973 that is dedicated to improving working conditions and ensuring the rights of women and families in the United States....
, the Religious Action Center of Reform Judaism,, and Women Employed
Women Employed
Women Employed is a nonprofit advocacy organization based in Chicago, IL. Founded in 1973, Women Employed’s mission is to improve women’s economic status and remove barriers to economic equity...
.
Organizations that opposed the bill include the:
U.S. Chamber of Commerce, Eagle Forum
Eagle Forum
Eagle Forum is a conservative interest group in the United States founded by Phyllis Schlafly in 1972 and is the parent organization that also includes the Eagle Forum Education and Legal Defense Fund and the Eagle Forum PAC. The Eagle Forum has been primarily focused on social issues; it describes...
, Society for Human Resource Management
Society for Human Resource Management
The Society for Human Resource Management is a professional human resources association headquartered in Alexandria, Virginia. The largest such association in its field, SHRM promotes the role of HR as a profession and provides education, certification, and networking to its members while lobbying...
, National Association of Manufacturers
National Association of Manufacturers
The National Association of Manufacturers is an advocacy group headquartered in Washington, D.C. with 10 additional offices across the country...
, American Bakers Association, College and University Professional Association for Human Resources, Associated Builders and Contractors, and American Housing & Lodging Association.
Legislative history
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
who cited the possibility of frivolous lawsuits in their opposition of the bill and criticized Democrats for refusing to allow compromises.
The bill was re-introduced in the 111th Congress (as and ) in January 2009. It passed in the House of Representatives with 247 votes in support and 171 against. The vote was nearly perfectly split along party lines, with only three Republicans voting in favor (Ed Whitfield
Ed Whitfield
Wayne Edward "Ed" Whitfield is the U.S. Representative of , serving since 1995. He is a member of the Republican Party.The district covers much of the western part of the state, including Hopkinsville, Paducah, Henderson and Kentucky's share of Fort Campbell.-Early life, education and...
of Kentucky
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
, Don Young
Don Young
Donald Edwin "Don" Young is the U.S. Representative for , serving since 1973. He is a member of the Republican Party.Young is the 6th most senior U.S. Representative and the 2nd most senior Republican Representative, as well as the 2nd most senior Republican in Congress as a whole...
of Alaska
Alaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
and Chris Smith
Chris Smith
- Politics :*Chris Smith , Florida State Senator*Chris Smith, Baron Smith of Finsbury , former British Member of Parliament and government minister*Chris Smith , U.S...
of New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
) and three Democrats voting nay (Travis Childers
Travis Childers
Travis Wayne Childers is the former U.S. Representative from , serving from the 2008 special election until 2011. He is a member of the Democratic Party. The district includes much of the northern portion of the state including New Albany, Columbus, Oxford, Southaven, and Tupelo...
of Mississippi
Mississippi
Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
, Allen Boyd
Allen Boyd
Fred Allen Boyd Jr. is the former U.S. Representative for , serving from 1997 until 2011. He is a member of the Democratic Party. He currently works for a lobbying firm, the Twenty-First Century Group.-Early life, education and career:...
of Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
, and Parker Griffith
Parker Griffith
Parker Griffith, M.D. is the former U.S. Representative for , serving from 2009 until 2011. He is a member of the Republican Party, having switched from the Democratic Party on December 22, 2009, but lost the Republican primary and his term ended in January 2011.-Early life, education and...
of Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
).
The Senate voted 72 to 23 to invoke cloture
Cloture
In parliamentary procedure, cloture is a motion or process aimed at bringing debate to a quick end. It is also called closure or, informally, a guillotine. The cloture procedure originated in the French National Assembly, from which the name is taken. Clôture is French for "ending" or "conclusion"...
on S. 181 on January 15, 2009. (The vote to invoke cloture ends debate on a bill, and usually leads to a final vote within a few days.) The Lilly Ledbetter Fair Pay Act passed the Senate, 61-36, on January 22, 2009. The votes in favor included every Democratic senator (except Edward Kennedy of Massachusetts, who was absent from the vote because of health issues) and five Republican senators.
As president, Obama actively supported the bill. The official White House blog
Whitehouse.gov
Whitehouse.gov is the official website of the White House and is owned by the United States government. Launched in October 1994, it contains general American history information, as well as current news pertaining to the President, press briefings, proclamations, executive orders, and any speeches...
said:
President Obama has long championed this bill and Lilly Ledbetter's cause, and by signing it into law, he will ensure that women like Ms. Ledbetter and other victims of pay discrimination can effectively challenge unequal pay.
House Majority Leader Steny Hoyer
Steny Hoyer
Steny Hamilton Hoyer is the U.S. Representative for , serving since 1981. The district includes a large swath of rural and suburban territory southeast of Washington, D.C.. He is a member of the Democratic Party....
announced that the House would vote on S.181 (the bill passed by the Senate) during the week of January 26, getting the bill to President Obama's desk sooner rather than later. On January 27, the House passed S.181 by a 250-177 margin.
On January 29, Obama signed the bill into law. It was the first act he signed as president, and it fulfilled his campaign pledge to nullify Ledbetter v. Goodyear. However, the fact that he signed it only two days after it was passed by the House brought him under criticism from papers such as the St. Petersburg Times
St. Petersburg Times
The St. Petersburg Times is a United States newspaper. It is one of two major publications serving the Tampa Bay Area, the other being The Tampa Tribune, which the Times tops in both circulation and readership. Based in St...
which mentioned his campaign promise to give the public five days of notice to comment on legislation before he signed it. The White House through a spokesman answered that they would be "implementing this policy in full soon", and that currently they were "working through implementation procedures and some initial issues with the congressional calendar".