1.This Act may be cited as the
Fair Pay Restoration
Act
.
2.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 charge of discrimination
under any law, nothing in this Act is intended to preclude or limit an
aggrieved person’s right to introduce evidence of an unlawful employment
practice that has occurred outside the time for filing a charge of
discrimination.
(4)Nothing in this
Act is intended to change the law in effect as of May 28, 2007, concerning the
treatment of when pension benefits are considered paid.
3.Discrimination in
compensation because of race, color, religion, sex, or national
originSection 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)Liability may accrue and (in addition to
any relief authorized by section 1977A of the Revised Statutes (42 U.S.C.
1981a)), an aggrieved person may obtain relief as provided in subsection
(g)(1), including recovery of back pay for up to 2 years preceding the filing
of the charge, in an action under this title concerning an unlawful employment
practice with regard to discrimination in compensation, where the unlawful
employment practice that has occurred during the charge filing period is
similar or related to an unlawful employment practice with regard to
discrimination in compensation that occurred outside the charge filing
period.
.
4.Discrimination in
compensation because of ageSection 7(d) of the Age Discrimination Act
of 1967 (29 U.S.C. 626(d)) is amended—
(1)in the first sentence—
(A)by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively; and
(B)by striking
(d)
and inserting (d)(1)
;
(2)in the third
sentence, by striking Upon
and inserting the following:
(2)Upon
;
and
(3)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.
.
5.Application to
other laws
(a)Americans with
Disabilities Act of 1990The amendments made by section 102 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 1973The amendments made by section 102 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)
(1)Rehabilitation
Act of 1973Section 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 subsection (e)(3) of section 706 of such Act (42 U.S.C.
2000e–5), applied to claims of discrimination in compensation)
.
(2)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 1967Section 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
.
6.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.