123STA T .5PUBLIC LA W 111 – 2 —J A N .2 9, 2 0 09 PublicLaw1 11 –2 111 thCongres s A n Act Toamendti t l e VI Io f t h e C i v il R i g ht sAc tof 1964 and the Age D isc r imination in E m p lo y ment Act of 196 7, and to modify the operation of the Americans w ith Disa b ilities Act of 199 0 and the Rehabilitation Act of 197 3 , to clarify that a discriminatory compensation decision or other practice that is u nlawful under such Acts occurs each time compensation is paid pursuant to the discriminatory compensation decision or other practice, and for other purposes .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. S H O R T TIT L E. ThisActmaybe cite d as the ‘ ‘ L i l ly Ledbette rF air P ay Act of20 0 9’ ’ . SEC. 2 . F IN D IN G S. C o ng ress finds the follo w ing
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The Sup reme Court in Ledbetter v . G oodyear Tire &R ubber Co. ,5 50 U .S. 6 1 8 (200 7 ), significantly impairs statutory protections against discrimination in compensation that Con - gress established and that have been bedroc k principles of American law for decades. The Ledbetter decision undermines those statutory protections by unduly restricting the time period in which victims of discrimination can challenge and recover for discriminatory compensation decisions or other practices, contrary to the intent of Congress. (2) The limitation imposed by the Court on the filing of discriminatory compensation claims ignores the reality of wage discrimination and is at odds with the robust application of the civil rights laws that Congress intended. ( 3 ) W ith regard to any charge of discrimination under any law, nothing in this Act is intended to preclude or limit an aggrieved person’s right to introduce evidence of an unlawful employment practice that has occurred outside the time for filing a charge of discrimination. ( 4 ) N othing in this Act is intended to change current law treatment of when pension distributions are considered paid. SEC. 3 . DISCRI M IN A TION IN COM P ENSATION B ECA U SE OF RACE , COLOR, RELIGION, SE X , 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)(A) For purposes of this section, an unlawful employment practice occurs, with respect to discrimination in compensation in violation of this title, when a discriminatory compensation decision or other practice is adopted, when an individual becomes sub j ect to a discriminatory compensation decision or other practice, or 42USC 2 0 00 e–5not e .Lil l y Le db ette rFa ir P ay Ac t o f 200 9 . 42 USC 2000a note. J an. 29 , 2009 [ S. 18 1 ]
