[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2831 Reported in House (RH)]
Union Calendar No. 147
110th CONGRESS
1st Session
H. R. 2831
[Report No. 110-237]
To amend title VII of the Civil Rights Act of 1964, the Age
Discrimination in Employment Act of 1967, the Americans With
Disabilities Act of 1990, and the Rehabilitation Act of 1973 to clarify
that a discriminatory compensation decision or other practice that is
unlawful under such Acts occurs each time compensation is paid pursuant
to the discriminatory compensation decision or other practice, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 22, 2007
Mr. George Miller of California (for himself, Mr. Hoyer, Ms. DeLauro,
Mr. Andrews, Ms. Norton, Ms. Woolsey, Ms. Shea-Porter, Ms. Hirono, Mrs.
Capps, Mrs. Maloney of New York, Ms. Linda T. Sanchez of California,
Mrs. McCarthy of New York, Mr. Loebsack, Ms. Slaughter, Mr. Van Hollen,
Ms. McCollum of Minnesota, Mr. Hinojosa, Mr. Davis of Illinois, Mr.
Kucinich, Mr. McDermott, Mr. Farr, Ms. Berkley, Mr. Nadler, and Ms.
Clarke) introduced the following bill; which was referred to the
Committee on Education and Labor
July 18, 2007
Additional sponsors: Mr. Clyburn, Mr. Conyers, Mr. Scott of Virginia,
Mr. Holt, Mr. Allen, Mr. Braley of Iowa, Ms. Wasserman Schultz, Mr.
Davis of Alabama, Mr. Kildee, Mr. Payne, Mr. Bishop of New York, Mr.
Hare, Ms. Jackson-Lee of Texas, Mr. DeFazio, Ms. Sutton, Mr. Marshall,
Mr. Oberstar, Mr. Grijalva, Mr. Al Green of Texas, Mr. Ackerman, Mr.
Yarmuth, Mr. Sestak, Mr. Serrano, Mr. Ellison, Mr. Butterfield, Mr.
Berman, Mrs. Christensen, Mr. Abercrombie, Mr. Boswell, Ms. Schakowsky,
Mr. Higgins, Mr. Moran of Virginia, Mr. Cohen, Ms. Solis, Mr. Jackson
of Illinois, Ms. Giffords, Mr. Gonzalez, Mr. Hodes, Mr. Rangel, Mr.
Ruppersberger, Mr. Doggett, Ms. Kilpatrick, Ms. Corrine Brown of
Florida, Ms. Matsui, Mr. Patrick Murphy of Pennsylvania, Mr. Cummings,
Mr. Schiff, Mr. Sarbanes, Mr. Ryan of Ohio, Ms. Loretta Sanchez of
California, Mr. Larson of Connecticut, Mr. Miller of North Carolina,
Mr. Gene Green of Texas, Mrs. Davis of California, Mr. Sires, Mr.
Johnson of Georgia, Mr. Pomeroy, Mr. Tierney, Mr. Wilson of Ohio, Mr.
Watt, Mr. Levin, Mr. Brady of Pennsylvania, Mr. Spratt, Ms. Watson, Mr.
Rothman, Mr. Barrow, Mrs. Tauscher, Ms. Zoe Lofgren of California, Mr.
Baird, and Mr. Altmire
July 18, 2007
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on June
22, 2007]
_______________________________________________________________________
A BILL
To amend title VII of the Civil Rights Act of 1964, the Age
Discrimination in Employment Act of 1967, the Americans With
Disabilities Act of 1990, and the Rehabilitation Act of 1973 to clarify
that a discriminatory compensation decision or other practice that is
unlawful under such Acts occurs each time compensation is paid pursuant
to the discriminatory compensation decision or other practice, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lilly Ledbetter Fair Pay Act of
2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Supreme Court in Ledbetter v. Goodyear Tire &
Rubber Co., No. 05-1074 (May 29, 2007), significantly impairs
statutory protections against discrimination in compensation
that Congress established and that have been bedrock principles
of American law for decades. The Ledbetter decision undermines
those statutory protections by unduly restricting the time
period in which victims of discrimination can challenge and
recover for discriminatory compensation decisions or other
practices, contrary to the intent of Congress.
(2) The limitation imposed by the Court on the filing of
discriminatory compensation claims ignores the reality of wage
discrimination and is at odds with the robust application of
the civil rights laws that Congress intended.
(3) With regard to any charges of discrimination under any
law, nothing in this Act is intended to preclude or limit an
aggrieved person's right to introduce evidence of unlawful
employment practices that have occurred outside the time for
filing a charge of discrimination.
(4) This Act is not intended to change current law
treatment of when pension distributions are considered paid.
SEC. 3. DISCRIMINATION IN COMPENSATION BECAUSE OF RACE, COLOR,
RELIGION, SEX, OR NATIONAL ORIGIN.
Section 706(e) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
5(e)) is amended by adding at the end the following:
``(3)(A) For purposes of this section, an unlawful employment
practice occurs, with respect to discrimination in compensation in
violation of this title, when a discriminatory compensation decision or
other practice is adopted, when an individual becomes subject to a
discriminatory compensation decision or other practice, or when an
individual is affected by application of a discriminatory compensation
decision or other practice, including each time wages, benefits, or
other compensation is paid, resulting in whole or in part from such a
decision or other practice.
``(B) In addition to any relief authorized by section 1977a of the
Revised Statutes (42 U.S.C. 1981a), liability may accrue and an
aggrieved person may obtain relief as provided in subsection (g)(1),
including recovery of back pay for up to two years preceding the filing
of the charge, where the unlawful employment practices that have
occurred during the charge filing period are similar or related to
unlawful employment practices with regard to discrimination in
compensation that occurred outside the time for filing a charge.''.
SEC. 4. DISCRIMINATION IN COMPENSATION BECAUSE OF AGE.
Section 7(d) of the Age Discrimination in Employment Act of 1967
(29 U.S.C. 626(d)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by striking ``(d)'' and inserting ``(d)(1)'';
(3) in the third sentence, by striking ``Upon'' and
inserting the following:
``(2) Upon''; and
(4) by adding at the end the following:
``(3) For purposes of this section, an unlawful practice occurs,
with respect to discrimination in compensation in violation of this
Act, when a discriminatory compensation decision or other practice is
adopted, when a person becomes subject to a discriminatory compensation
decision or other practice, or when a person is affected by application
of a discriminatory compensation decision or other practice, including
each time wages, benefits, or other compensation is paid, resulting in
whole or in part from such a decision or other practice.''.
SEC. 5. APPLICATION TO OTHER LAWS.
(a) Americans With Disabilities Act of 1990.--The amendment made by
section 3 shall apply to claims of discrimination in compensation
brought under title I and section 503 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12111 et seq., 12203), pursuant to
section 107(a) of such Act (42 U.S.C. 12117(a)), which adopts the
powers, remedies, and procedures set forth in section 706 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-5).
(b) Rehabilitation Act of 1973.--The amendments made by section 3
shall apply to claims of discrimination in compensation brought under
sections 501 and 504 of the Rehabilitation Act of 1973 (29 U.S.C. 791,
794), pursuant to--
(1) sections 501(g) and 504(d) of such Act (29 U.S.C.
791(g), 794(d)), respectively, which adopt the standards
applied under title I of the Americans with Disabilities Act of
1990 for determining whether a violation has occurred in a
complaint alleging employment discrimination; and
(2) paragraphs (1) and (2) of section 505(a) of such Act
(29 U.S.C. 794a(a)) (as amended by subsection (c)).
(c) Conforming Amendments.--
(1) Rehabilitation act of 1973.--Section 505(a) of the
Rehabilitation Act of 1973 (29 U.S.C. 794a(a)) is amended--
(A) in paragraph (1), by inserting after ``(42
U.S.C. 2000e-5 (f) through (k))'' the following: ``(and
the application of section 706(e)(3) (42 U.S.C. 2000e-
5(e)(3)) to claims of discrimination in
compensation)''; and
(B) in paragraph (2), by inserting after ``1964''
the following: ``(42 U.S.C. 2000d et seq.) (and in
subsections (e)(3) of section 706 of such Act (42
U.S.C. 2000e-5), applied to claims of discrimination in
compensation)''.
(2) Civil rights act of 1964.--Section 717 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-16) is amended by adding at
the end the following:
``(f) Section 706(e)(3) shall apply to complaints of discrimination
in compensation under this section.''.
(3) Age discrimination act of 1967.--Section 15(f) of the
Age Discrimination in Employment Act of 1967 (29 U.S.C.
633a(f)) is amended by striking ``of section'' and inserting
``of sections 7(d)(3) and''.
SEC. 6. EFFECTIVE DATE.
This Act, and the amendments made by this Act, take effect as if
enacted on May 28, 2007 and apply to all claims of discrimination in
compensation under title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.), the Age Discrimination in Employment Act of 1967 (29
U.S.C. 621 et seq.), title I and section 503 of the Americans with
Disabilities Act of 1990, and sections 501 and 504 of the
Rehabilitation Act of 1973, that are pending on or after that date.
Union Calendar No. 147
110th CONGRESS
1st Session
H. R. 2831
[Report No. 110-237]
_______________________________________________________________________
A BILL
To amend title VII of the Civil Rights Act of 1964, the Age
Discrimination in Employment Act of 1967, the Americans With
Disabilities Act of 1990, and the Rehabilitation Act of 1973 to clarify
that a discriminatory compensation decision or other practice that is
unlawful under such Acts occurs each time compensation is paid pursuant
to the discriminatory compensation decision or other practice, and for
other purposes.
_______________________________________________________________________
July 18, 2007
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed