Equal Pay Legislation Making Its Way To Law

I ran across this news item today and for all of you associated with HR issues, this may be of some interest. You see with a Democratic controlled White House, Senate and House of Representatives we will probably see more legislation like this coming down the pike. It will be very important for American HR departments to keep up on issues such as these and to be aware it is happening.

Basically the House of Representatives voted to pass a piece of legislation that will now be making its way through the Senate and eventually onto the White House. Some believe it will be signed into law.

Here is an excerpt of the article: “The House voted 247-171 in favor of the Lilly Ledbetter Fair Pay Act of 2009 (HR 11). The legislation would amend the Civil Rights Act of 1964 to declare that an unlawful employment practice occurs when (1) a discriminatory compensation decision or other practice is adopted; (2) an individual becomes subject to the decision or practice; or (3) an individual is affected by application of the decision or practice, including each time compensation is paid.” The article further adds, “The legislation is significant in the wake of a 2007 Supreme Court ruling. The Supreme Court ruled 5-4 that the deadline for workers to file a pay-bias complaint under Title VII of the Civil Rights Act is 180 days from the date the decision on their pay is made and communicated to them.”

So, this new piece of legislation, known as the Lilly Ledbetter Fair Pay Act of 2009, would allow employees to recover back pay for up to two years preceding the filing of the pay-bias complaint, when the unlawful employment practices that occurred during the charge filing period are similar or related to practices that occurred outside the time for filing a charge. This legislation would also apply to employee claims of compensation discrimination under the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973.

Now there are other items surrounding the legislation as well, but that is the central theme. I will let you get the story directly from the horse’s mouth, if you are interested. So if you have five free minutes and want more detailed information concerning the legislation, as well as the story behind its inception, here is the link for you to view the entire article:

http://hr.blr.com/news.aspx?id=79409

Remember to take a few minutes each day and be aware of what this new administration will do in changing laws regarding your company and your fellow employees. I will do my best to keep you aware as well.

--C. Cook

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