123STA T .6PUBLIC LA W 111 – 2 —J A N .2 9, 2 0 09 whena n i n d i v id u a l i s a f fe ct ed by a p plicati o nofadisc r i m inatory compensation decision or other practice , includin g each time wages, benefits, or other compensation is paid, resulting in whole or in part from such a decision or other practice .‘ ‘ (B)I n addition to any relief authori z ed by section 197 7 A of the R evised S tatutes ( 42U .S. C . 19 8 1a), liability may accrue and an aggrieved person may obtain relief as provided in subsection (g)(1), including recovery of bac k pay for up to two years preceding the filing of the charge, where the unlawful employment practices that have occurred during the charge filing period are similar or related to unlawful employment practices with regard to discrimi - nation in compensation that occurred outside the time for filing a charge. ’ ’. SEC.4 . DI SC R I M I NAT I O NINCOM P ENSATION B ECA U SEO F A G E. Section 7(d) of the Age D iscrimination in E mployment Act of 19 6 7 (29 U.S.C. 626(d)) is amended — (1) in the first sentence— (A) by redesignating paragraphs (1) and (2) as subpara- graphs (A) and (B), respectively
and (B) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’; (2) in the third sentence, by striking ‘‘Upon’’ and inserting the following
‘‘(2) Upon’’; and ( 3 ) by adding at the end the following: ‘‘(3) F or purposes of this section, an unlawful practice occurs, with respect to discrimination in compensation in violation of this Act, when a discriminatory compensation decision or other practice is adopted, when a person becomes sub j ect to a discriminatory compensation decision or other practice, or when a person is affected by application of a discriminatory compensation decision or other practice, including each time wages, benefits, or other compensation is paid, resulting in whole or in part from such a decision or other practice.’’. SEC. 5 . APP L ICATION TO OT H ER LA W S. (a) A MERICANSW I TH DISA B I L ITIES ACT OF 199 0 .— T he amend- ments made by section 3 shall apply to claims of discrimination in compensation brought under title I and section 5 03 of the Ameri- cans with Disabilities Act of 1990 (42 U.S.C. 12111 et se q ., 12203), pursuant to section 107(a) of such Act (42 U.S.C. 12117(a)), which adopts the powers, remedies, and procedures set forth in section 706 of the Civil Rights Act of 1964 (42 U.S.C. 2000e – 5). (b) REHABILITATION ACT OF 1973.—The amendments made by section 3 shall apply to claims of discrimination in compensation brought under sections 501 and 504 of the Rehabilitation Act of 1973 (29 U.S.C. 791, 794), pursuant to— (1) sections 501(g) and 504(d) of such Act (29 U.S.C. 791(g), 794(d)), respectively, which adopt the standards applied under title I of the Americans with Disabilities Act of 1990 for deter- mining whether a violation has occurred in a complaint alleging employment discrimination; and (2) paragraphs (1) and (2) of section 505(a) of such Act (29 U.S.C. 794a(a)) (as amended by subsection (c)). (c) CONFORMIN G AMEN D MENTS.— (1) REHABILITATION ACT OF 1973 .—Section 505(a) of the Rehabilitation Act of 1973 (29 U.S.C. 794a(a)) is amended— 42USC 2 0 00 e–5not e . 42 USC 2000e–5 note.
