Text: S.181 — 111th Congress (2009-2010)All Information (Except Text)

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Public Law No: 111-2 (01/29/2009)

 
[111th Congress Public Law 2]
[From the U.S. Government Printing Office]


[DOCID: f:publ002.111]

[[Page 123 STAT. 5]]

Public Law 111-2
111th Congress

                                 An Act


 
     To amend title VII of the Civil Rights Act of 1964 and the Age 
Discrimination in Employment Act of 1967, and to modify the operation of 
 the Americans with Disabilities Act of 1990 and the Rehabilitation Act 
of 1973, to clarify that a discriminatory compensation decision or other 
practice that is unlawful under such Acts occurs each time compensation 
 is paid pursuant to the discriminatory compensation decision or other 
 practice, and for other purposes. <<NOTE: Jan. 29, 2009 -  [S. 181]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Lilly 
Ledbetter Fair Pay Act of 2009. 42 USC 2000a note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lilly Ledbetter Fair Pay Act of 
2009''.
SEC. 2. <<NOTE: 42 USC 2000e-5 note.>>  FINDINGS.

    Congress finds the following:
            (1) The Supreme Court in Ledbetter v. Goodyear Tire & Rubber 
        Co., 550 U.S. 618 (2007), significantly impairs statutory 
        protections against discrimination in compensation that Congress 
        established and that have been bedrock 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) With 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) Nothing in this Act is intended to change current law 
        treatment of when pension distributions are considered paid.
SEC. 3. DISCRIMINATION IN COMPENSATION BECAUSE OF RACE, COLOR, 
                    RELIGION, SEX, 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 subject to a 
discriminatory compensation decision or other practice, or

[[Page 123 STAT. 6]]

when an individual 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.
    ``(B) In addition to any relief authorized by section 1977A of the 
Revised Statutes (42 U.S.C. 1981a), liability may accrue and an 
aggrieved person may obtain relief as provided in subsection (g)(1), 
including recovery of back 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 discrimination in 
compensation that occurred outside the time for filing a charge.''.
SEC. 4. DISCRIMINATION IN COMPENSATION BECAUSE OF AGE.

    Section 7(d) of the Age Discrimination in Employment Act of 1967 (29 
U.S.C. 626(d)) is amended--
            (1) in the first sentence--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (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) For 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 subject 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. APPLICATION TO OTHER LAWS.

    (a) <<NOTE: 42 USC 2000e-5 note.>>  Americans With Disabilities Act 
of 1990.--The amendments made by section 3 shall apply to claims of 
discrimination in compensation brought under title I and section 503 of 
the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq., 
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) <<NOTE: 42 USC 2000e-5 note.>>  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 
        determining 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) Conforming Amendments.--
            (1) Rehabilitation act of 1973.--Section 505(a) of the 
        Rehabilitation Act of 1973 (29 U.S.C. 794a(a)) is amended--

[[Page 123 STAT. 7]]

                    (A) in paragraph (1), by inserting after ``(42 
                U.S.C. 2000e-5 (f) through (k))'' the following: ``(and 
                the application of section 706(e)(3) (42 U.S.C. 2000e-
                5(e)(3)) to claims of discrimination in compensation)''; 
                and
                    (B) in paragraph (2), by inserting after ``1964'' 
                the following: ``(42 U.S.C. 2000d et seq.) (and in 
                subsection (e)(3) of section 706 of such Act (42 U.S.C. 
                2000e-5), applied to claims of discrimination in 
                compensation)''.
            (2) Civil rights act of 1964.--Section 717 of the Civil 
        Rights Act of 1964 (42 U.S.C. 2000e-16) is amended by adding at 
        the end the following:

    ``(f) Section 706(e)(3) shall apply to complaints of discrimination 
in compensation under this section.''.
            (3) Age discrimination in employment act of 1967.--Section 
        15(f) of the Age Discrimination in Employment Act of 1967 (29 
        U.S.C. 633a(f)) is amended by striking ``of section'' and 
        inserting ``of sections 7(d)(3) and''.
SEC. 6. <<NOTE: 42 USC 2000e-5 note.>>  EFFECTIVE DATE.

    This Act, and the amendments made by this Act, take effect as if 
enacted on May 28, 2007 and apply to all claims of discrimination in 
compensation under title VII of the Civil Rights Act of 1964 (42 U.S.C. 
2000e et seq.), the Age Discrimination in Employment Act of 1967 (29 
U.S.C. 621 et seq.), title I and section 503 of the Americans with 
Disabilities Act of 1990, and sections 501 and 504 of the Rehabilitation 
Act of 1973, that are pending on or after that date.

    Approved January 29, 2009.

LEGISLATIVE HISTORY--S. 181 (H.R. 11):
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CONGRESSIONAL RECORD, Vol. 155 (2009):
            Jan. 15, 21, 22, considered and passed Senate.
            Jan. 27, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2009):
            Jan. 29, Presidential remarks.

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