Ledbetter Fair Pay Act of 2009 passes the Senate

January 22, 10:04 PMWorkplace Law ExaminerMarcia McCormick

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U.S. Capitol

Today, the Senate passed the Lilly Ledbetter Fair Pay Act of 2009, S. 181. The legislation defines when the injury of pay discriminination occurs, changing that definition from what the Supreme Court had held it was a couple of years ago. The change puts the law back to what the lower courts had held it was before the Supreme Court ruled.

The House had passed a slightly different version of this bill two weeks ago. In addition to the timing of the injury, the House version would amend the Equal Pay Act to strengthen its enforcement and the remedies available under it.

Because the two measures are slightly different, the Senate version does not contain the amendments to the Equal Pay Act that the Paycheck Fairness Act piece had, the matter will have to go back to the House. According to the Washington Post, the House will likely approve the Senate version to move the Ledbetter piece forward. The final bill will probably be on the President's desk very shortly.