Monday, December 13, 2010

Paycheck Fairness Act stalls in the Senate

Stinson Morrison Hecker LLP
Donald F. Bayer
December 3 2010

One of the first pieces of legislation signed by President Obama after his inauguration was theLilly Ledbetter Fair Pay Act of 2009 (Ledbetter). The purpose of Ledbetter was to make iteasier for a plaintiff to bring suit on a wage discrimination claim by making it less likely that thestatute of limitations would bar a claim. Additional proposed legislation designed to facilitatewage discrimination claims was set forth in the proposed Paycheck Fairness Act of 2009.When Ledbetter passed, the Paycheck Fairness Act (the Act) was still in committee. OnNovember 17, 2010, the Senate failed to obtain the 60 votes necessary to close debate on theAct, meaning it could not be brought up for a vote. It now appears the Act will not be passedinto law in the foreseeable future given the upcoming change in the composition of the Senateas a result of the midterm elections.

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