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Democratic Leadership of Women's Caucus Celebrates Passage of Lilly Ledbetter and Paycheck Fairness Act

January 9, 2009
For Immediate Release:
January 9, 2009
Contact: Peter Karafotas
(202) 226-6898

DEMOCRATIC LEADERSHIP OF WOMEN'S CAUCUS CELEBRATES PASSAGE OF LILLY LEDBETTER AND PAYCHECK FAIRNESS ACT

Washington, D.C.– U.S. Representative Jan Schakowsky (D-IL), the Democratic Chair of the Congressional Caucus on Women's Issues, and U.S. Representative Gwen Moore (D-WI), Democratic Vice-Chair of the Women's Caucus, announced the passage of H.R. 11, the Lilly Ledbetter Fair Pay Act and H.R. 12, the Paycheck Fairness Act. The Lilly Ledbetter Act and the Paycheck Fairness Act, which both passed the House overwhelmingly, would address pay discrimination and make it easier for women to sue their employer for damages.

"Today's votes mark the beginning of the end of gender-based pay discrimination in America,... said Women's Caucus Democratic Chair Jan Schakowsky. "I am proud that the Democratic-led Congress under the leadership of the first woman Speaker made passing these bills a top priority for the beginning of the 111th Congress. While more work still needs to be done to eliminate the wage gap, I believe that today's bills go a long way toward leveling the playing field between men and women in the workforce....

"The passage of these two important pieces of legislation is a significant step in combating historical discrimination against women in the workplace," said Women's Caucus Democratic Vice-Chair Gwen Moore. "With the cost of energy, higher health insurance, and a disproportionate amount of single-family homes headed by women we must ensure a person regardless of gender is paid a fair day's wage for a fair day's work. This is not just a civil rights issue: it's a survival issue for women workers providing for their family's food, rent, and heat....

In 2007, the Supreme Court ruled that Lilly Ledbetter waited too long to sue her employer for pay discrimination, despite the fact that the discrimination was ongoing and that she had filed a charge with the U.S. Equal Employment Opportunity Commission as soon as she found out about the pay discrimination. The Lilly Ledbetter Fair Pay Act restores the law as it was prior to the Supreme Court's decision by clarifying that each paycheck resulting from a discriminatory pay decision would constitute a new violation of employment nondiscrimination law, and therefore, restart the clock for filing a claim.

The Paycheck Fairness Act would strengthen the Equal Pay Act and close the loopholes that have allowed employers to avoid responsibility for discriminatory pay. The act puts gender-based discrimination on equal footing with other forms of wage discrimination by allowing women to sue for compensatory and punitive damages. Under the act, an employer would have to show that the disparity is job-related and not sex-based. It also prohibits employers from retaliating against employees who discuss or disclose salary information with their co-workers.

Although the wage gap between men and women has narrowed since the passage of the Equal Pay Act of 1963, women still only make 78 cents for every dollar earned by a man and the wage gap is even worse for minority women. As a result of the wage gap, single women are twice as likely to be in poverty as single men and millions of women are unable to retire, especially during these tough economic times.