President Obama signed his first bill into law on January 29: The Lily Ledbetter Fair Pay Act. While this law effectively corrects former injustices, it remains to be seen whether it will work to prevent new pay discriminations against women.

Ledbetter’s story is a bittersweet one. After discovering a sizable difference in her pay from her male co-workers at Goodyear Tire, she took a stand and sued. Initially, her employer was found guilty and Ledbetter was awarded $3.2 million in damages. When her case was appealed and taken to the Supreme Court, the justices voted 5-4 against her because she had not filed her claim within 180 days of her first paycheck. However, it had been case precedent that this 180 day limit renewed with each discriminatory paycheck.

This bill cements the precedent into law. Essentially, it’s but a nod to the plight of Ledbetter. The court wronged her, did not follow precedent and used a loophole in order to rule in favor of her employer. And Ledbetter was not the first. Patricia Lorance, an Illinois factory worker in the 1970s, also lost her claim over discriminatory pay practices because of the 180 day time limit. The flaw of this new legislation is that it only looks backwards. It works to combat old strategies that employers have already used to keep from paying their employees their proper dues. But the damage has been done. Ledbetter will see none of the initial damages she was awarded or of the $200,000 she lost over the course of her career.

The opposition to this bill proves its necessity. Congressional Republicans blocked a former version of this bill and former President Bush even vowed to veto the bill if it passed. Opponents contended the law was problematic because relaxing time limits would encourage a flood of lawsuits and even encourage victims of discriminatory pay to postpone filing a claim in order to seek higher damages. These claims are empty. They are transparent efforts to shield businesses from paying their employees proper financial dues. Ledbetter’s case is evidence of employers relying on antiquated social relations to serve their own purposes of reaping larger profits. As Barbara Mikulski, the chief sponsor of the bill advised, “If you don’t want to be sued, don’t discriminate.”

In order to truly propel the standard of equal pay, this law must only be the first step. Creating legislation to mandate transparent business practices is another powerful step to take in the future. But the legal system is slow-moving and unwieldy. While women have new tools to keep their employers in check, Ledbetter’s story demonstrates that the law will not always protect the people. We must as individuals and as women take the initiative to always speak up, even if it is not in a courtroom. The passage of this law marks winning only one battle in the war. And perhaps then, it is fitting that this is the first bill President Obama has signed into law.
photo by clarissa

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In this historic election, women have received more attention than ever, and the concept of “Equal Pay for Equal Work” has recently taken center stage.  Women are still paid 77 cents to the dollar when compared with men, despite the Equal Pay Act of 1963 which makes pay discrimination illegal.  Both candidates support Equal Pay, but they have two very different takes on how to accomplish it.

Most of the current debates on this issue swirl around an unassuming Alabama woman. When Lilly Ledbetter received an anonymous note explaining that her male counterparts were making almost double what she was making, she began a case that has sparked the latest Equal Pay for Equal Work debate.  Ledbetter worked as a supervisor at a Goodyear plant in Alabama for 19 years and when she discovered the pay inequity, she considered “moving on” but ultimately “couldn’t ignore the discrimination” so she filed suit.  She won her case, thanks to the Equal Pay Act of 1963, but Goodyear appealed and the case went to the Supreme Court.

The Supreme Court ruled 5-4 against Ledbetter, which reversed the lower court’s decision.  Those who ruled against Ledbetter cited a limitation that says women must file complaints within 180 days of the offense.  Justice Ruth Bader Ginsberg, who ruled in favor of Ledbetter, claimed that this was impractical since salaries are often kept confidential under the threat of termination.

The federal government is now faced with the question of how we should move forward and, naturally, the candidates have been pressed about their opinions on the issue.  Many argue, McCain among them, that eliminating the 180 day limitation would lead to more frivolous lawsuits and stuff the pockets of trial lawyers.  He proposes “more education and training [for women] particularly since more and more women are heads of their households.”  As for the issue of keeping salaries confidential, the McCain camp believes it should remain in an effort to reduce government involvement in business decisions and infrastructure.  McCain also believes that using governmental force to encourage equal pay might increase product prices.

Obama, however, sponsored the Fair Pay Restoration Act with Hillary Clinton, which would have changed the 180-day limitation.  McCain was not present during the Senate vote on this act, but openly opposes it.  The act didn’t pass through the Senate but Obama maintains his position.  He calls the 180-day limit for filing a complaint a “loophole” and is against punishing workers for discussing their salaries.

It’s no longer a secret that women are still fighting for equal pay.  During this election, as both sides equally push the platform of “Change,” the national consciousness is beginning to focus on women’s oppression.  Whatever vein you believe our candidates should follow, the most important part of the debate is the goal, and keeping that goal in the public eye.  Let’s not let this drop out of the limelight!  Let the candidates and your local politicians know what you think.  It’s a google search away!  They are, after all, fighting for your vote.

2008 election, clinton, equal pay, lilly ledbetter, mccain, obama Hide