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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

carol grzonka
it’s amazing to me how fragile capitalism is!!! increase in minimum wage? business will go belly up if forced to pay a bare bones survival rate. equal pay for equal work? business will go belly up if we have to give anyone not male and white, parity and make it right. if business relies on these abuses to make a profit, perhaps this model should fade away.
By carol grzonka on 01/30/2009 4:38 am
Kay Sara
Carol, excellent point! Yet $20 B in bonuses is required to keep their “talent”. And these fragile businesses can securitize billions in bad debt sub prime loans that brings the whole world to its knees without batting an eye. Cooking the books, violating Sarbanes-oxley laws - no problem either. But equality, decency, social responsibility, environmental responsiblity would all be too costly.
By Kay Sara on 01/30/2009 4:45 am
mary lou s
these fragile businesses can securitize billions in bad debt sub prime loans that brings the whole world to its knees” and finance pfizer’s $68 billion purchase of wyeth.
By mary lou s on 01/30/2009 2:54 pm
Z ****
Exactly, our entire economy’s structure is on the backs of the low wage worker if business will go belly up if forced to pay a living wage and provide health insurance Just look at the bonuses recently paid on Wall Street with our tax dollars and think about what that money would have done to help the minimum wage workers in this country. The fact that these financials actually gave out these bonuses shows they have no concept of what the average worker goes through — OR, worse, simply don’t care.
By Z **** on 01/30/2009 8:46 am
Kay Sara
Thank you, Lily. We now will keep up your fight and build on your victory by not stopping here. We need help in the enforcement of the laws we have for equality. In my case, I have company policy’s a book written by our CEO that claims discriminationis the ONLY ROAD to success, praising the German and Japanese militaristic monolithic systems as a “Lesson to be Learned” by Americans who wrongly want equality. The judge would not let us submit this evidence because it “was not sworn documents”. So no evidence is admissable if it is not a sworn statement??? Are you kidding me??? Ladies, that tells you what chance you have of trying to get a trial and use statements, memos, company policies etc as evidence. None. Who goes under oath everytime a company document etc goes out? This book was registered under the Library of the Congress making it a Federal Document which by law says any federal document is admissable evidence- the judge didn’t let that sway him in blocking it as evidence.
By Kay Sara on 01/30/2009 4:42 am
mary lou s
even before republican appointees turned the federal courts into kangaroo courts, a federal judge (cornelia kennedy) made up rules that weren’t in the city’s civil service rules and decided that detroit was ignoring its own rules by not giving me an appeal to a medical decision. i was suing for gender discrimination because detroit called me in for an oral interview after the written interview but failed me on the physical without giving me a physical. that case took years and lawyers and dollars, and i had to put up with being asked leading questions about how wierd and deviant i was.
By mary lou s on 01/30/2009 3:02 pm
Kay Sara
Mary Lou, we just had our appeal’s oral arguments in the 6th circuit in Cincinatti. When we were preparing for this appeal- attorneys said that the 6th circuit has been over turning many many rulings made in South Eastern Michigan. Usually the circuit court only reverses about 15% of the appeals it hears and south eastern Michigan was getting a much higher reversal rate than 15%. In fact the lawyer said the circuit court judges asked in exasperation “What is going on up there?!!” I am going through what you went through it sounds like. You would not believe the crazy and unfounded by law rulings that I received from the kangaroo court I was in and will have to return to if the appeal says I do have a right to a trial. I cannot help but believe that the magistrate judge that was a real Bozo was being paid off by the defendant to rule against me no matter what - and she did. However the judges in Cincinatti appeared to be objective and asked intelligent questions. Who knows?????
By Kay Sara on 01/31/2009 1:31 am
DJ Shaffner
Complaining about this equity for women’s work is like sniping about the dime’s worth of support for the National Endowment for the Arts when you factor in the % it is of One-Trillion-dollars… it’s a no brainer and long overdue.
By DJ Shaffner on 01/30/2009 2:22 pm
Kay Sara
Mugsy, this headline is so offensive- I would like to see the founders of WowoWow retract it, apologize for it and recognize that they will try harder in the future to be more sensitive to their writing.
By Kay Sara on 01/31/2009 9:30 pm
Mugsy Peabody
Hope you aren’t holding your breath.
By Mugsy Peabody on 01/31/2009 10:18 pm
Kay Sara
Mary Lou, we just had our appeal’s oral arguments in the 6th circuit in Cincinatti. When we were preparing for this appeal- attorneys said that the 6th circuit has been over turning many many rulings made in South Eastern Michigan. Usually the circuit court only reverses about 15% of the appeals it hears and south eastern Michigan was getting a much higher reversal rate than 15%. In fact the lawyer said the circuit court judges asked in exasperation “What is going on up there?!!” I am going through what you went through it sounds like. You would not believe the crazy and unfounded by law rulings that I received from the kangaroo court I was in and will have to return to if the appeal says I do have a right to a trial. I cannot help but believe that the magistrate judge that was a real Bozo was being paid off by the defendant to rule against me no matter what - and she did. However the judges in Cincinatti appeared to be objective and asked intelligent questions. Who knows????? By Kay Sara on 01/31/2009 2:31 am
By Kay Sara on 01/31/2009 9:32 pm
Ro H
It would not matter which ever way this issue was resolved, in as much as there is always a backlash when there is strident progress in life. Regardless of the wage differential, men seem always to find a way to get better treatment than women do. This is just the way it is in the midst of a patriarchal society. Having written this, I believe we are in the midst of a major swing in the world, which will create much more balance. So, the equal pay for eqaul work concept will not become effective until the pendulum swings a bit, back and forth. When it finally rests somewhere in the middle, equality will ultimately occur. It doesn’t have to be just one more devisive issue in the USA, or in the world - we could all simply root for one another to make a good life for ourselves. It really does NOT have to be either, or. Once we get to a fair and equitable pay rate for the CEO’s who have been stealing us blind, the equal pay issue won’t be of any impact either way. An aside; “How many women CEO’s got multi-million dollar bonus offers?”
By Ro H on 01/31/2009 11:32 pm
Kay Sara
HI Z- yes if you google you will find the law suit. Also in the automotive industry and I was at a Director level - word gets around and when people call for references it would also come up that I left on less than good terms, and interviews also ask why you left your previous employer. I was fired after my case was filed and dismissed. From 2004 when I filed to 2007 I was stripped of all my responsibilities and co-workers were instructed not to have any contact with me and I was basically in isolation with nothing to do for all of that time. Head hunters have told me to overcome the lawsuit would be very difficult. Who want s to hire a high level executive who is not “loyal”. You are very fortunate to never have discovered discrimination within your employer. I work in the automotive industry, which is notorius for being discriminatory. Since Detroit area is an automotive town- that is the industry available- not too easy to go elsewhere if you stay in this city. I was locked into staying in this area for several reasons. Now that I am free to move, my career has been ruined and my resume also now shows stagnation from 2004-2008 in responsiblities and growth and since I was not promoted, no raises, bonuses cut etc. so I would have to explain why my income was cut 40%. I was not fired until the case was dismissed and they could bury my being fired in the mass lay off the claimed they were doing - however I was the only one let go on that very day I was notified against federal law that claims mass lay-off people are required to get 90 day notice. I also was denied my benefitr of severance pay because I would not sign a release that would cancel my lawsuit. This is just the tiip of the iceberg , Z. Thanks for asking. By Kay Sara on 01/30/2009 5:26
By Kay Sara on 02/01/2009 7:49 am