February 6, 2008

SENATE HELP COMMITTEE HOLDS HEARING ON BILL TO OVERTURN LEDBETTER DECISION

by Patricia A. Schaeffer, Vice President-Regulatory Affairs

On January 24, 2008, the Senate Committee on Health, Education, Labor, and Pensions (HELP) held a hearing on S. 1843, the “Fair Pay Restoration Act,” a bill that would overturn the Supreme Court’s decision in Ledbetter v. Goodyear Tire & Rubber Co. A companion bill, H.R. 2831 (“The Lilly Ledbetter Act of 2007”), was passed by the House in July 2007. Specifically, S. 1843 would amend Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 to clarify that an unlawful practice occurs each time compensation is paid pursuant to a discriminatory compensation decision or other practice, and for other purposes. Testifying at the hearing were Lilly Ledbetter, the plaintiff in the case, Margo Dorfman, CEO, U.S. Women’s Chamber of Commerce, Samuel Bagenstos, Associate Dean, University of Washington School of law, and Eric Dreiband, Akin, Gump, Strauss, Hauer & Feld. All witnesses supported passage of the bill with the exception of Dreiband.

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