The Lily Ledbetter Fair Pay Act of 2009

Introduction

Employment laws are crucial because they create a fair and conducive environment for employee and employers to co-exist. They ensure that all persons have equal opportunity for growth and job satisfaction. Notably, these laws are ever evolving due to changing work demands. One example of a recently introduced employment law is the Lily Ledbetter Fair Pay act of 2009. This was the first act that President Barrack Obama signed once his tenure began in 2009. As the name suggests the law addresses the filing of pay lawsuits against the employer. It allows employees to fight for their pay rights as is explained in this analysis.

Summary of the law

The Lily Ledbetter Fair Pay Act of 2009 allows employees to file equal-pay lawsuits regarding pay discrimination with each new paycheck plagued by the discriminatory act. This act amends the Civil Rights Act of 1964 that applied a 180-day statute of limitations on the first paycheck meaning one’s complaint could easily lapse ( Zisk, 2009) . Notably, the law addresses the Ledbetter vs. Goodyear Tire and Rubber Co. case. Here, the Supreme Court decided that employees cannot sue companies under Title VII of the Civil Rights Act of 1964 over race and gender discrimination pay after 180 days of the employer’s decision. By signing the law, former president Barrack Obama reversed the court ruling along more lawsuits against employers who gave unfair wages.

Notably, the act helps address the unfair wage gap between men and women in the workplace. Statistically, women in work environment get 77 cents for every dollar men are paid. The gap grows bigger for women of colour such as African Americans and Latinos who get 55 cents for every dollar. This act accrues any discriminatory paychecks and requires an employer to take accountability for the damage done over time. Previously, many cases of discriminatory paychecks based on religion, race and gender went unheard following the previous law stipulations. However, the government made it possible for employees to fight for their rights regardless of the time of discrimination. This law mainly focuses on the gender-based wage gap and is applauded for creating a foundation that allows women to confront their employers in court. Evidently, previous stipulations allowed employers to continue discrimination without full accountability for their actions and decision to give poor wages.

Passing this act was not easy. In fact, it was first rejected in the Senate. Overwhelmingly, Republicans argued that the Lily Ledbetter Fair Pay Act would open the door to many lawsuits and affect the flow of business. Furthermore, they criticized Democrats for not allowing compromises in passing the act. For this reason, the bill was rejected in 2008. When it was tabled for the second time during the Obama regime, the law passed with open support from the then President Barrack Obama. Even today as the act is in practice, it faces criticism that it was simply a trial lawyer payout. However, supporters argue that the act has definitely improved the work environment for women by giving them the same financial motivation as their male counterparts. Also, it has opened doors for other minorities targeted for their race and religious beliefs. Therefore, it is considered a progressive law that Human Resource manager must account for in their planning.

Comparison with the Equal Pay Act of 1963

The Lily Ledbetter Fair Pay Act of 2009 can be compared to the Equal Pay Act of 1963 because they both focus on fair wages in spite of gender. The Equal Pay Act of 1963 signed by John F. Kennedy, abolished wage disparity based on sex. It sighted that sex discrimination negatively impacted the wages and living standard of employees. Also, it prevented maximum utilization of available labour, smooth commerce and division of labour ( Hood, Hardy & Simpson, 2016) . This law was the first step to equal pay where for men and women. Notably, the situation in the 60’s was much worse and the wage gap was much larger. Therefore, it was admirable that the John F. Kennedy regime confronted the issue repeatedly until the finally passed the Equal Pay Act to challenge employers such that they hold women at the same standard as men within the workplace.

There are a number of similarities between The Lily Ledbetter Fair Pay Act of 2009 and the Equal Pay Act of 1963. First, they both address the wage gap in an attempt to improve the living standards of all employee. Secondly, both laws hold employers accountable for pay discrimination decisions and allow those discriminated to seek advice from the judicial system if the employer does not take the necessary steps. This factor is especially important because lawyers can use the stipulations to argue their client’s case and get what they deserve. Notably, the main difference is in the contents of both laws. On one hand, the Equal Pay Act of 1963 specifically addresses equal pay for all genders and explains why this is necessary for the workplace and the economy. On the other hand, the Lily Ledbetter Fair Pay Act of 2009 focuses on duration issues that were used to block out cases of individuals such as Lily Ledbetter who took their complaints to court. Both laws are an indication of the journey towards equal pay regardless of gender, race or religion.

The Lily Ledbetter Fair Pay Act of 2009 Impact in the workplace

This 2009 act has had a valuable impact in the workplace today. First, it has promoted voluntary compliance from employers. Since the act accrues the financial damages of discrimination pay, it is now very expensive to continue with discriminatory practices. Therefore, employers are taking the necessary steps to ensure that equal wages are given for work done. Notably, many companies have reviewed their payment policies for all employees. Also, Human Resource departments are embracing conflict resolution options such as negotiations. This approach ensures that employees have a safe space to make and resolve pay complaints before taking a company to court. With this voluntary compliance from employers, the wage gap is slowly decreasing which in turn improves the standard of living for all employees and especially women in today’s society. Through this act, the government has challenged employers to take matters into their hands and improve the pay situation in their facilities.

Also, the Lily Ledbetter Fair Pay Act of 2009 allows employees to respond to work realities such as pay discrimination. Essentially, employees were afraid to confront their employers especially is they became aware of the work discrimination much later into their employment. However, this act has changed the situation by ensuring that employees are not penalized for demanding equal pay even if they made the complaint much later into their employment period. Furthermore, the can compile complaints by raises, pensions and other contributions ( Sullivan, 2009) . This act gives the employee the upper hand in the courtroom and thus the employer often works to resolve the issue before it reaches the judiciary. With this advantage, employees have better bargaining power when negotiating their salaries and confronting their employers as well. This opportunity was not available to employees before the act since it was not guaranteed that they could present their case in court after a certain period of time.

Lastly, the Lily Ledbetter Fair Pay Act of 2009, allows employees to assess the validity of their claims. Notably, employees carry the burden of proof under Title VII and thus may take time before they present their case in court. The act takes this into consideration and allows enough time for employees to carry out due diligence in collecting the necessary material to present their case in the courtroom. Such an approach limits the number of pay discrimination crimes because employees have time to evaluate the validity of their claim and decide whether it is worthy of a hearing.

Conclusion

In conclusion, the Lily Ledbetter Fair Pay Act of 2009 has revolutionized the workplace by allowing more time to file pay discrimination suits. It was a crucial addition that now allows employees to leverage in the workplace and prompts employers to consider equal pay ranges for all the employees. Evidently, there is more room for improvement to completely eliminate the wage gap. Leaders in the government should not hesitate to make these changes because it provides a better work environment for future generations and improves the community as a whole.

References

Sullivan, C. A. (2009). Raising the Dead: The Lilly Ledbetter Fair Pay Act.  Tul. L. Rev .

Zisk, N. (2009). Lilly Ledbetter, Take Two: The Lilly Ledbetter Fair Pay Act of 2009 and the Discovery Rule's Place in the Pay Discrimination Puzzle.  Wm. & Mary J. Women & L. , 

Hood, J., Hardy Jr, B., & Simpson, L. (2016).  Workers' compensation and employee protection laws in a nutshell . West Academic.