February 2009 - Fair Pay Act of 2009

Lilly Ledbetter Fair Pay Act of 2009

money.jpgBy now, most of you have heard or read that President Obama signed into law the Lilly Ledbetter Fair Pay Act of 2009 on January 29th.  This Act overturns a 2007 Supreme Court decision addressing the time limit for workers to file pay discrimination claims.  

Under this Act, the time limit for pay discrimination claims occur each time compensation is paid pursuant to a discriminatory compensation decision or other practice, and for other purposes.  This applies to pay discrimination based on sex, race, religion, national origin, color, age, and disability under federal civil rights statutes.

What does this mean in practical terms?  For example, if my employer made a decision a year ago to pay me less because of my age, then each time I receive a pay check I have 300 days from the receipt of the last pay check to file an age discrimination claim with the EEOC.

As I read legal newsletters on this Act, a question being raised is does this Act extend beyond pay decisions to cover all forms of discrimination?  I'm sure the Act will be tested on this issue.  We will have to wait and see.

Here is one perspective on the Act by Phelps Dunbar, Attorney at Law, whose newsletter I subscribe to.  Thank you.