[Congressional Record Volume 155, Number 15 (Monday, January 26, 2009)]
[Senate]
[Page S823]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      LILLY LEDBETTER FAIR PAY ACT


                                Lost Pay

  Mr. LEVIN. Assume that on January 1, 2007, a new employee is hired 
and knows that she will be paid less because she is a woman. She also 
knows that she is receiving less pay than a male who was hired on the 
same day for the same job, but she needs the job and is afraid to file 
suit. Two years go by and on January 15, 2009, she decides to fight the 
discrimination and files a complaint. Under current law, can she 
recover the lost 2007-2008 pay?
  Ms. MIKULSKI. Under current law, as interpreted by the Supreme Court, 
she is not able to recover any lost pay because a claimant has 180 days 
to file a claim from the time that the employer first decided to 
discriminate, i.e. she had to file by July 1, 2007.
  Mr. LEVIN. Under S. 181, would she be able to recover the 2007-2008 
lost wages?
  Ms. MIKULSKI. Under S. 181 she would be able to recover lost wages 
for the previous 2 years from her January 15, 2009, paycheck. This is 
because every paycheck is considered an act of discrimination and a 
claimant has 180 days to file a claim for that act of discrimination, 
and go back 2 years in determining damages.
  Mr. LEVIN. Who has the burden of proof in intentional discrimination 
cases as to whether and when an act of discrimination occurred?
  Ms. MIKULSKI. The claimant has the burden of proof.

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