Unfair Play on Bill for Fair Pay
by Lara S. Kaufmann, Senior Advisor
National Women’s Law Center
Don’t you hate it when a sound bite completely confuses a critical issue? Yesterday the Boston Globe quoted Senator Mitch McConnell (R-Ky) saying the following on the Ledbetter Fair Pay Act: “We think that this bill is primarily designed to create a massive amount of new litigation in our country, and I think that is the reason for the resistance to its passage on our side.”
Senator McConnell is just plain wrong. The Ledbetter Fair Pay Act was not designed to – nor will it – create litigation; it was designed to restore the law to what it was until last May, when the Supreme Court rolled back the long-standing rights of those suffering from pay discrimination. In fact, it is the Ledbetter decision – not the restorative legislation – that increases the likelihood of litigation. Under the Supreme Court’s ruling, people who have even the slightest suspicion that they are subject to pay discrimination will have to rush into the EEOC to avoid forfeiting their claims. They will not be able to take the time to evaluate their claims, negotiate with their employers and look for voluntary solutions to the pay disparity. That’s not a system any employer should welcome. (For more information on the Ledbetter case and bill, click here.)
Lilly Ledbetter was not looking for a lawsuit. Had she been paid fairly, equal to what the men doing the same work at Goodyear were being paid, we would never have heard of her, and I’m sure that would have been just fine with her. But she wasn’t paid fairly, solely because she was a woman, and her employer successfully hid that fact for much of the time she worked at the plant. In fact, she never would have found out about it had a coworker not left her an anonymous note close to the end of her career. Lilly had a right to try to correct that injustice.
