Mr. Speaker, pursuant to H. Res. 87, I call up the Senate bill (S. 181) to amend title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967, and to modify the…
Mr. Speaker, pursuant to H. Res. 87, I call up the Senate bill (S. 181) 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, and for other purposes, and ask for its immediate consideration in the House.
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and insert extraneous material on S. 181.
Mr. Speaker, I yield myself 5 minutes.
Mr. Speaker, today the House of Representatives meets to give final approval to the Lilly Ledbetter Fair Pay Act and send it to President Obama for his signature. What a difference a new Congress and a President make.
Nondiscrimination in the workplace must be a sacred American principle. Workers should be paid based upon their merits, not an employer's prejudices. Yet, more than 40 years after the passage of the Civil Rights Act of 1964, the Supreme Court dramatically turned back the clock on this bedrock principle. Instead of abiding by decades of long-standing law, a narrow majority of the Supreme Court decided to commit legal jujitsu to satisfy a narrow ideological agenda. The Supreme Court simply told bad employers that to escape responsibility for pay discrimination all they need to do is keep it hidden for the first 180 days.
The Ledbetter ruling has already dramatically impacted how Americans can remedy discrimination. It has been cited in hundreds of cases over the past 19 months since the ruling. Not only have pay discrimination cases been adversely impacted, but even fair housing protections and title IX complaints. The Supreme Court sent these lower courts backwards down the wrong path, and today the Congress will correct that course by passing this bill.
The Lilly Ledbetter Fair Pay Act would simply reset the law as businesses, most courts, employers and employees and the EEOC had understood it before the Court's 2007 ruling. Under S. 181, every paycheck or other compensation resulting, in whole or part, from an earlier discriminatory pay decision or other practice would constitute a violation of title VII. In other words, if an employer keeps issuing discriminatory paychecks, that employer will keep restarting the clock for filing charges. That's only fair. As long as workers file their charges, as Lilly Ledbetter herself did, within 180 days of a discriminatory paycheck, the charges will be considered timely. The legislation also clarifies that an employee is entitled to up to 2 years backpay as provided in title VII already.
Finally, S. 181 ensures that these simple reforms extend to the Age Discrimination in Employment Act, the Americans with Disabilities Act and the Rehabilitation Act to provide these same protections for victims of age and disability discrimination.
Correcting pay discrimination poses significant challenges to workers, made all the harder with the Supreme Court's Ledbetter decision. This is best illustrated by Lilly Ledbetter's own words from an Education and Labor Committee hearing in 2007: ``What happened to me is not only an insult to my dignity, but it had real consequences for my ability to care for my family. Every paycheck I received, I got less than what I was entitled to under the law.
``The Supreme Court said that this didn't count as illegal discrimination, but it sure feels like discrimination when you are on the receiving end of that smaller paycheck and trying to support your family with less money than the men are getting for doing the same job. And according to the Court, if you don't figure things out right away, the company can treat you like a second-class citizen for the rest of your career. This isn't right.''
I agree with Lilly Ledbetter: what happened to her wasn't right.
Unfortunately, it's too late for Lilly Ledbetter to receive justice. But today, thanks to Lilly's incredible courage and perseverance, and thanks to millions of Americans making their voices heard, Congress will reject this ruling for the millions of Americans suddenly now subject to legal discrimination.
The Ledbetter v. Goodyear Supreme Court ruling was a painful step backwards for civil rights in this country. Today, the House will correct this injustice and send President Obama his first bill to sign into law. All victims of discrimination are entitled to justice, and I urge my colleagues to support the Lilly Ledbetter Fair Pay Act.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 2 minutes to the gentleman from New Jersey (Mr. Andrews).
(Mr. ANDREWS asked and was given permission to revise and extend his remarks.)
I yield myself 15 seconds just to say, according to the analysis done by the Congressional Budget Office, there is no new cost associated with this legislation because it creates no new cause of action, and no anticipated increase in litigation in spite of the remarks of the gentleman from the other side of the aisle. And that's what the independent analysis shows of this legislation.
I would like now to yield 2 minutes to the gentlewoman from California (Ms. Woolsey), the subcommittee Chair of the committee of jurisdiction.
Mr. Speaker, I yield 2 minutes to the gentleman from Illinois (Mr. Hare), a member of the committee.
Mr. Speaker, I yield 3 minutes to the gentlewoman from Connecticut (Ms. DeLauro), a champion of fair pay and equal pay for women.
Mr. Speaker, I yield 2 minutes to the gentlewoman from New York (Mrs. Maloney).
Mr. Speaker, I yield 2 minutes to the gentlewoman from the District of Columbia, Congresswoman Eleanor Holmes Norton.
Mr. Speaker, I yield 1 minute to the gentleman from Pennsylvania (Mr. Fattah).
Mr. Speaker, I yield 1 minute to the gentleman from Maryland, the majority leader.
I yield myself such time as I may consume.
Mr. Speaker, Members of the House, the Lilly Ledbetter Fair Pay Act goes to basic and fundamental American values, both in our daily lives and in our workplace, and that is that people ought to be rewarded with equal pay for equal work. It's fundamental, it's
basic to our economy, it's basic to our society. It's basic to our sense of fairness, to our sense of justice, and to our sense of equality.
But in far too many workplaces that's not what is done. Women, in many instances, time and time again, for doing the same job that men are doing in the same manner that men are doing it, are paid less, not because they are not doing the job equally as well as the men, but because somebody decided that they were going to pay them less simply because they were women.
That runs counter to the values of this Nation. It runs counter to the values of our society. It runs counter to the best interests of women. It's rather fascinating that they are suggesting that because of tough economic times some businesses may only be able to survive if they can engage in discrimination. If they can carry out a business plan based upon discrimination, they may be able to survive, so women should underwrite that discriminatory policy and accept less.
Well, let me tell you what it's like when you are trying to support a family, either as a dual wage earner or by yourself, and you are accepting less every week, every day, every hour for the work that you are doing the same as the people alongside of you, but you are getting less because you are a woman. Try that in these tough economic times. Try running your household in these tough economic times where the Republicans would have you believe we should enforce the policy of discrimination, that somehow women should underwrite these difficult times by accepting, being a victim of discrimination.
I don't think so. I don't think the people in this Congress believe that. I don't believe the people in this country believe that, and that's why we're going to pass this legislation.
It's fundamental to the values of this country. Now, they are trying to run up the scare tactics that this gets rid of the statute of limitation, same statute of limitations, 180 days, that somehow if you had waited a long time you would collect more recovery than otherwise. No, you get 2 years of backpay, that's the maximum, and that's it. But they want to suggest otherwise, no, that's what the law says.
And because of that, because we reset the law to what it was, as it was interpreted by courts all over this country and by employers and employees, the CBO in its independent analysis said this does not increase costs because it does not create a new cause of action and they don't expect a lot of litigation as a result of this because we go back to the law as it was.
So let's move along here and get rid of this outrageous discriminatory practice that was sanctified by the Supreme Court in some kind of ideological rampage against women and the treatment and the fairness of them in the workplace.
We have an opportunity to do that now. We will pass this bill today, we will send it to the White House where our new President, Barack Obama, has said he will sign this legislation. And with that signature on this bill, we can change the law in this country to once again make sure that women are provided equal pay for equal work that they do in the American workplace, and I urge my colleagues to support this legislation.
I yield back the balance of my time.
I rise to speak against the motion to commit.
Mr. Speaker, Members of the House, this motion to commit is clearly an effort to not only send this bill back to committee, but to kill this legislation. My colleagues on the other side of the aisle recognize the situation that we find ourselves in. The House has passed this legislation earlier, in this session, and the Senate has passed similar legislation which we are now taking up. And when we vote in a little while, this afternoon, we will pass this legislation, and it will go to the President of the United States.
So this is a desperate attempt to somehow keep that from happening. And what we will be sweeping is we will be sweeping away a policy of discrimination in the workplace against women who are paid less than their male counterparts for the same work.
The fact of the matter is that there were hearings held both in the Judiciary Committee, in the last session of Congress, and in the Education and Labor Committee, and all sides were allowed to present their views in those hearings.
In the last Congress, it was subject to a full committee markup, which all Members could have offered as many amendments as they like. They offered two amendments. Those amendments were rejected. They could have offered more. They chose not to.
The bill went to the House floor, debated, and was passed on a bipartisan vote of 225-199 in June of 2007. The minority had an opportunity to offer a motion to recommit. They chose not to. The bill went to the Senate, where it was filibustered. Filibustered. And then the bill was reintroduced identical to what the House had already passed earlier this month.
On January 9 of this year, we passed the bill on the House floor again, 247-171, on another bipartisan vote. The minority had another opportunity to offer a motion to recommit. They chose not to.
The bill went to the Senate, where it was subjected to amendment after amendment. The bill was passed on a bipartisan vote of 61-36. And now we are on the cusp of sending this bill to President Obama for his signature. That is what we should do.
We should reject this motion to commit, an attempt to kill this legislation, and make sure that this bill goes to the President's desk and ends this discriminatory policy against women in the workplace. I urge my colleagues to vote ``no'' on the motion to commit and vote ``aye'' on the passage of the legislation.
I yield back the balance of my time.
Mr. Speaker, on that I demand the yeas and nays.