Lilly Ledbetter© Gary Wheeler, The Virtual HR Director, LLC 1

Lilly Ledbetter Fair Pay Act

Lilly Ledbetter© Gary Wheeler, The Virtual HR Director, LLC 2

Objectives Review original law

Summarize revisions

Discuss best practices

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Background Ledbetter vs. Goodyear Tire & Rubber Co., Inc.

May 2007 Supreme Court ruling confirmed Title VII wage

discrimination Ledbetter lost due to statute of limitations

A wage discrimination claim must be filed within 180/300 days of the initial discrimination

Employee is responsible for discovery of discrimination

Lilly Ledbetter© Gary Wheeler Coaching and Consulting 2009 4

Lilly Ledbetter© Gary Wheeler, The Virtual HR Director, LLC 5

Lilly Ledbetter Fair Pay Act 2009 Effective January 29,

2009 Enacted in response to

Ledbetter v. Goodyear Tire and Rubber, Co

Allows an employee to seek damages for wage discrimination each time a discriminatory compensation practice occurs

Lilly Ledbetter 2009 Primarily amends Title VII of the Civil Rights Act Retains the 180/300 day time frame but renews

every time the employee receives compensation Any type of reimbursement reflecting bias becomes a

new act of discrimination A retroactive effective date of May 28, 2007

Applies to all claims of discriminatory compensation pending on or after that date

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Employer Responsibilities Strengthen maintenance of documentation reflecting pay

decisions Performance evaluations Pay Change forms

Evaluate record retention policy Be proactive, identify and eliminate any discriminatory

pay inequities Conduct pay audits regularly

Train and educate all managers on pay practices

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Lilly Ledbetter© Gary Wheeler, The Virtual HR Director, LLC 8

Organizational Impact Opens more opportunities for employees to

claim wage discrimination

Modified the requirement of statue of limitations to now begin at most recent act of discrimination instead of from the initial act

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Best Practices Heighten management scrutiny on pay decisions

Reduce opportunity for a large pay discrepancy among employees with the same job description

Increase employer awareness surrounding all types of pay (wages, benefits, retirement)

Lilly Ledbetter© Gary Wheeler, The Virtual HR Director, LLC 10

Food For Thought Will Congress consider revising the statute of

limitations for additional laws?

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Lilly Ledbetter Information For additional information go to:

www.eeoc.gov

• gary@thevirtualhrdirector.com• http://www.thevirtualhrdirector.com