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Politics | 01/29/2009 10:15 am

Will Ledbetter Fair Pay Act Do More Harm Than Good?

By The Staff at wowOwow.com
© AP

Lilly Ledbetter won a huge victory in her years-long battle for pay equity for women, but is it possible this long-awaited achievement may have more damaging consequences than she anticipated? Some say "yes."

Congress has approved a civil rights bill providing women, blacks and Hispanics with new tools to challenge pay discrimination at work. Ledbetter was a longtime supervisor at a Goodyear tire plant in Alabama, who for years worked for men who were getting paid more than her — a fact she didn’t realize until much later. Upon the revelation, Ledbetter filed a lawsuit for her back pay, but the Supreme Court rejected her lawsuit and said she should have filed her claim earlier. What the court didn’t address, however, is that many people — not just Ledbetter — don’t realize they’re victims of discrimination until far after their legal window has closed.Ledbetter kept fighting, though, and her efforts invited mounds of criticism.

Lawrence Z. Lorber, a labor law specialist who represents employers, told The New York Times the bill "causes horror among some pension lawyers." He said even retirees will be able to argue that their pension benefits are based on wages that were depressed by unlawful discrimination. Plus, there are others who say the new Ledbetter law will make sex discrimination even worse, and that it punishes supervisors, company directors and shareholders who bear no fault. Republicans and some in the business community also think it could cause an explosion of lawsuits based on old claims and discourage employers from hiring women, among other things.

But those arguments aren’t convincing everyone that Ledbetter isn’t a step in the right direction, particularly women’s groups that pushed hard for the legislation.

"Just getting us back to even is not nearly enough to overcome that stubborn wage gap," co-founder of the Center for Advancement of Public Policy, Martha Burk, writes in The Huffington Post. "Women still make only 77 cents to the dollar a man makes for full-time year-round work. We need more — much more." President Obama will reportedly sign the bill into law today, and said that he’s doing so "for my daughters."

60 Reader Comments (so far…) Sign In or Register to comment

Sandbee (FB) 54
Oh well, maybe they want to go back and take the money away from the men? People are always going argue about this.
By Sandbee (FB) 54 on 01/29/2009 10:22 am
mary lou s
now THERE’S an idea! lawyers are paid to think up reasons that black is white, but why does the wow staff raise them?
By mary lou s on 01/29/2009 1:57 pm
Tee Zee
I’m sure there are enough loop holes in the law so the greedy will be protected.
By Tee Zee on 01/29/2009 10:42 am
Brooklyn Gal
Of course pensions will have to be changed. Am I supposed to worry that businesses who discriminate might have more paperwork or owe back payments? If salaries for the same job were equal in the first place, these laws would not be necessary. With the extended time to file, employers will think twice before pulling this one again.
By Brooklyn Gal on 01/29/2009 11:00 am
f p
Yep—well said BG.
By f p on 01/30/2009 8:37 am
Misty Grinstead
I say: “Go Lilly! And thanks!” Considering that companies do everything they can to prevent us from talking to one another regarding our salary, discovering pay disparity is already daunting — add to that that you only had 6 months from the time it occured—the first time. That was handing corporate America the welcome mat to trod on women and minority employees with abandon. So Thank you Lilly, for fighting the good fight.
By Misty Grinstead on 01/29/2009 11:16 am
caj p
It’s about time and thank God we have a President who gives a damn.
By caj p on 01/29/2009 11:47 am
Kay Sara
I was glad to hear Obama invited Lily to the signing of the bill into law.
By Kay Sara on 01/30/2009 4:21 am
Elizabeth Brock
Just because it may be hard to do does not justify keeping pay discrimination alive and well. Lily Ledbetter is my hero and I’m truly happy that her cause received the attention of Congress. I could not help but notice four Republican Senators supported the legislation and three of the four were women.
By Elizabeth Brock on 01/29/2009 12:00 pm
Sandbee (FB) 54
Good for them, things should not always be political they should be right or wrong.
By Sandbee (FB) 54 on 01/29/2009 12:12 pm
Mugsy Peabody
This headline speaks to a pre-1920s consciousness. Could you change it to something a little more in favor of women, since this actually is supposed to be FOR women 40+?
By Mugsy Peabody on 01/29/2009 12:50 pm
Kay Sara
So true, Mugsy!. After so many struggles and sleepless nights to then see this kind of headline when women get a small victory on this site that is supposed to be for women…well all I can say is “Wow o Wow! Where am I and who are these people?! “
By Kay Sara on 01/30/2009 4:01 am
Mugsy Peabody
It can only be a very wealthy woman who has never been up against it at all, someone who has never worked outside the home, or some kid who has no understanding of the battle that has been raging in the trenches since the 1920s… Anyone else understands the problem and is offended by this headline.
By Mugsy Peabody on 01/30/2009 1:09 pm
Serena .
Will Ledbetter Fair Pay Act Do More Harm Than Good? Hmmmm … If you go to this link, you’ll find out: www.mugsypeabody.blogspot.com
By Serena . on 01/29/2009 1:03 pm
Stephanie California
This is long overdue, but I’m not sure it’s going to make much of a difference. As a society we need to start raising our daughters to ASK for what they want rather than politely waiting for someone to notice them:
By Stephanie California on 01/29/2009 1:37 pm