[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2945 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2945

 To amend title VII of the Civil Rights Act of 1964, to clarify that a 
 discriminatory compensation decision or other practice occurs on the 
 date on which the aggrieved person knew or should have known that the 
    person was affected by the decision or practice, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 30, 2008

 Mr. Voinovich introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend title VII of the Civil Rights Act of 1964, to clarify that a 
 discriminatory compensation decision or other practice occurs on the 
 date on which the aggrieved person knew or should have known that the 
    person was affected by the decision or 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 ``Fair Pay Act of 2008''.

SEC. 2. 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) For purposes of this section, an unlawful employment practice 
occurs, with respect to discrimination in compensation in violation of 
this title, on the date on which the aggrieved person knew or should 
have known that the person was affected by application of the 
discriminatory compensation decision or other practice involved.''.

SEC. 3. 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, on the date on which the aggrieved person knew or should have 
known that the person was affected by application of the discriminatory 
compensation decision or other practice involved.''.

SEC. 4. APPLICATION TO OTHER LAWS.

    (a) Americans With Disabilities Act of 1990.--The amendment made by 
section 2 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 2 
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 
                subsection (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 in employment 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. 5. 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.
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