H.R. 11 (111th): Lilly Ledbetter Fair Pay Act of 2009

Introduced:
Jan 06, 2009 (111th Congress, 2009–2010)
Status:
Died (Passed House)
See Instead:

S. 181 (same title)
Signed by the President — Jan 29, 2009

Sponsor
George Miller
Representative for California's 7th congressional district
Party
Democrat
Text
Read Text »
Last Updated
Jan 12, 2009
Length
26 pages
Related Bills
H.R. 2831 (110th) was a previous version of this bill.

Failed Cloture
Last Action: Apr 23, 2008

S. 181 (identical)

Signed by the President
Jan 29, 2009

 
Status

This bill was introduced in a previous session of Congress and was passed by the House on January 9, 2009 but was never passed by the Senate.

Progress
Introduced Jan 06, 2009
Referred to Committee Jan 06, 2009
Passed House Jan 09, 2009
 
Full Title

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, to amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes.

Summary

No summaries available.

Votes
Jan 09, 2009 1:28 p.m.
Passed 247/171

Cosponsors
195 cosponsors (195D) (show)
Committees

House Education and the Workforce

Health, Employment, Labor, and Pensions

Senate Health, Education, Labor, and Pensions

The committee chair determines whether a bill will move past the committee stage.

 
Primary Source

THOMAS.gov (The Library of Congress)

GovTrack gets most information from THOMAS, which is updated generally one day after events occur. Activity since the last update may not be reflected here. Data comes via the congress project.

Widget

Get a bill status widget for your website »

Citation

Click a format for a citation suggestion:

Notes

H.R. stands for House of Representatives bill.

A bill must be passed by both the House and Senate in identical form and then be signed by the president to become law.

The bill’s title was written by its sponsor.

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


1/9/2009--Passed House amended.
Title I - Lilly Ledbetter Fair Pay Act of 2009
Lilly Ledbetter Fair Pay Act of 2009 -
Section 3 -
Amends the Civil Rights Act of 1964 to declare that an unlawful employment practice occurs when:
(1) a discriminatory compensation decision or other practice is adopted;
(2) an individual becomes subject to the decision or practice; or
(3) an individual is affected by application of the decision or practice, including each time wages, benefits, or other compensation is paid.
Allows liability to accrue, and allows an aggrieved person to obtain relief, 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 practices that occurred outside the time for filing a charge.
Applies the preceding provisions to claims of compensation discrimination under the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973.
Section 4 -
Amends the Age Discrimination in Employment Act of 1967 to declare that an unlawful practice occurs when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to the decision or other practice, or when a person is affected by the decision or practice, including each time wages, benefits, or other compensation is paid.
Title II - Paycheck Fairness Act
Paycheck Fairness Act - Amends the portion of the Fair Labor Standards Act of 1938 (FLSA) known as the Equal Pay Act to revise remedies for, enforcement of, and exceptions to prohibitions against sex discrimination in the payment of wages.
Revises the exception to the prohibition for a wage rate differential based on any other factor other than sex. Limits such factors to bona fide factors, such as education, training, or experience.
Section 203 -
States that the bona fide factor defense shall apply only if the employer demonstrates that such factor:
(1) is not based upon or derived from a sex-based differential in compensation;
(2) is job-related with respect to the position in question; and
(3) is consistent with business necessity.
Avers that such defense shall not apply where the employee demonstrates that:
(1) an alternative employment practice exists that would serve the same business purpose without producing such differential; and
(2) the employer has refused to adopt such alternative practice.
Revises the prohibition against employer retaliation for employee complaints. Prohibits retaliation for inquiring about, discussing, or disclosing the wages of the employee or another employee in response to a complaint or charge, or in furtherance of a sex discrimination investigation, proceeding, hearing, or action, or an investigation conducted by the employer.
Makes employers who violate sex discrimination prohibitions liable in a civil action for either compensatory or (except for the federal government) punitive damages.
States that any action brought to enforce the prohibition against sex discrimination may be maintained as a class action in which individuals may be joined as party plaintiffs without their written consent.
Authorizes the Secretary of Labor (Secretary) to seek additional compensatory or punitive damages in a sex discrimination action.
Section 204 -
Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and affected individuals and entities on matters involving wage discrimination.
Section 205 -
Authorizes the Secretary to make grants to eligible entities for negotiation skills training programs for girls and women. Directs the Secretary and the Secretary of Education to issue regulations or policy guidance to integrate such training into certain programs under their Departments.
Section 206 -
Directs the Secretary to conduct studies and provide information to employers, labor organizations, and the general public regarding the means available to eliminate pay disparities between men and women.
Section 207 -
Establishes the Secretary of Labor's National Award for Pay Equity in the Workplace for an employer who has made substantial effort to eliminate pay disparities between men and women.
Section 208 -
Amends the Civil Rights Act of 1964 to require the EEOC to collect from employers pay information data regarding the sex, race, and national origin of employees for use in the enforcement of federal laws prohibiting pay discrimination.
Section 209 -
Directs: (1) the Commissioner of Labor Statistics to continue to collect data on woman workers in the Current Employment Statistics survey; (2) the Office of Federal Contract Compliance Programs to use specified types of methods in investigating compensation discrimination and in enforcing pay equity; and (3) the Secretary to make accurate information on compensation discrimination readily available to the public.
Section 210 -
Authorizes appropriations to carry out this title.
Section 211 -
Directs the Secretary and the Commissioner of the EEOC jointly to develop technical assistance material to assist small businesses to comply with the requirements of this Act. Exempts a small business from the provisions of this title to the same extent that such business is exempt from the requirements of the FLSA under specified provisions of that Act.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.


No summary available.

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

We’ll be looking for a source of summaries from the other side in the meanwhile.

Use the comment space below for discussion of the merits of H.R. 11 (111th) with other GovTrack users.
Your comments are not read by Congressional staff.

comments powered by Disqus