[Congressional Record Volume 159, Number 29 (Thursday, February 28, 2013)]
[Extensions of Remarks]
[Pages E216-E217]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     RECOGNIZING THE IMPORTANCE OF THE LILLY LEDBETTER FAIR PAY ACT

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                          HON. DANNY K. DAVIS

                              of illinois

                    in the house of representatives

                      Thursday, February 28, 2013

  Mr. DANNY K. DAVIS of Illinois. Mr. Speaker, as we mark the 4th 
anniversary of The Lilly Ledbetter Fair Pay Act, I would like to take a 
moment to recognize the importance of equal pay for equal work. Equal 
opportunity for women--of which equal pay is a fundamental facet--is an 
essential premise for our nation to be a Democracy.
  In 2009, the Democratic Congress took strides to further close the 
gender discrimination gap in the professional work environment by 
passing The Lilly Ledbetter Fair Pay Act, which was the first bill 
President Obama signed law. The Lilly Ledbetter Fair Pay Act is of 
enormous importance for women's rights in the workplace. For decades, 
companies large and small have paid women less for the same work 
compared to their male counterparts. This law reaffirmed that each 
occurrence of pay and compensation discrimination against women 
violates title VII of the Civil Rights Act. The law addressed a Supreme 
Court ruling in Ledbetter v. Goodyear Tire & Rubber Company that 
undermined statutory protections against discrimination by unduly 
restricting the time period in which victims of discrimination could 
challenge and recover for discriminatory compensation decisions or 
other practices, contrary to the intent of Congress. The Lilly 
Ledbetter Fair Pay Act restored women's right to challenge employers 
once they discovered they were wrongfully discriminated against in 
terms of pay and benefits. Further, the law clarified that employees 
are entitled to up to two years of backpay for such discrimination, as 
provided under title VII.
  Since enactment, courts around the country have applied the Lilly 
Ledbetter Fair Pay Act as Congress intended, for straightforward pay 
discrimination cases based on sex, race, disability, and age. In 
clarifying the period during which a worker may file a discrimination 
claim by each unfair paycheck, the law has provided a proper time frame 
extension to file lawsuits against employers for wage discrepancies. 
The anniversary of the signing of this bill reflects the commitment of 
our nation to ensure equal pay for all Americans and serves as a 
reminder that we must monitor and protect civil rights laws.

[[Page E217]]

  Unfortunately, equal opportunity is not yet a reality for women. This 
is why I join my Democratic colleagues in supporting the The Paycheck 
Fairness Act, which strengthens the equality provisions within the 
Lilly Ledbetter Fair Pay Act and eliminates the loopholes not seen in 
the past. For example, it increases penalties on employers who violate 
federal law and allows women to pursue legal matters if they are 
treated unjustly. The legislation also ensures equality in the tax code 
so that everyone--male and female, high-income earners and those living 
in poverty--pays their respective tax rate. Fairness should be 
applicable to all, in wages and in taxes. The Paycheck Fairness Act 
provides effective remedies to women who are not being paid equal wages 
for equal work, and Congress should pass the bill as soon as possible.

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