PUBLIC LAW 111–2—JAN. 29, 2009 123 STAT. 5 

Public Law 111–2 

111th Congress 

An Act 

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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Lilly Ledbetter Fair Pay Act 

of 2009’’. 

SEC. 2. FINDINGS. 

Congress finds the following: 

(1) The Supreme Court in Ledbetter v. Goodyear Tire & 

Rubber Co., 550 U.S. 618 (2007), significantly impairs statutory 

protections against discrimination in compensation that Congress established and that have been bedrock principles of 

American law for decades. The Ledbetter decision undermines 

those statutory protections by unduly restricting the time period 

in which victims of discrimination can challenge and recover 

for discriminatory compensation decisions or other practices, 

contrary to the intent of Congress. 

(2) The limitation imposed by the Court on the filing of 

discriminatory compensation claims ignores the reality of wage 

discrimination and is at odds with the robust application of 

the civil rights laws that Congress intended. 

(3) With regard to any charge of discrimination under 

any law, nothing in this Act is intended to preclude or limit 

an aggrieved person’s right to introduce evidence of an unlawful 

employment practice that has occurred outside the time for 

filing a charge of discrimination. 

(4) Nothing in this Act is intended to change current law 

treatment of when pension distributions are considered paid. 

SEC. 3. DISCRIMINATION IN COMPENSATION BECAUSE OF RACE, 

COLOR, RELIGION, SEX, OR NATIONAL ORIGIN. 

Section 706(e) of the Civil Rights Act of 1964 (42 U.S.C. 2000e– 

5(e)) is amended by adding at the end the following: 

‘‘(3)(A) For purposes of this section, an unlawful employment 

practice occurs, with respect to discrimination in compensation in 

violation of this title, when a discriminatory compensation decision 

or other practice is adopted, when an individual becomes subject 

to a discriminatory compensation decision or other practice, or 

42 USC 2000e–5 

note. 

Lilly Ledbetter 

Fair Pay Act 

of 2009. 

42 USC 2000a 

note. 

Jan. 29, 2009 

[S. 181] 


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123 STAT. 6 PUBLIC LAW 111–2—JAN. 29, 2009 

when an individual is affected by application of a discriminatory 

compensation decision or other practice, including each time wages, 

benefits, or other compensation is paid, resulting in whole or in 

part from such a decision or other practice. 

‘‘(B) In addition to any relief authorized by section 1977A 

of the Revised Statutes (42 U.S.C. 1981a), liability may accrue 

and an aggrieved person may obtain relief as provided in subsection 

(g)(1), including recovery of back pay for up to two years preceding 

the filing of the charge, where the unlawful employment practices 

that have occurred during the charge filing period are similar 

or related to unlawful employment practices with regard to discrimination in compensation that occurred outside the time for filing 

a charge.’’. 

SEC. 4. DISCRIMINATION IN COMPENSATION BECAUSE OF AGE. 

Section 7(d) of the Age Discrimination in Employment Act 

of 1967 (29 U.S.C. 626(d)) is amended— 

(1) in the first sentence— 

(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and 

(B) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’; 

(2) in the third sentence, by striking ‘‘Upon’’ and inserting 

the following: 

‘‘(2) Upon’’; and 

(3) by adding at the end the following: 

‘‘(3) For purposes of this section, an unlawful practice occurs, 

with respect to discrimination in compensation in violation of this 

Act, when a discriminatory compensation decision or other practice 

is adopted, when a person becomes subject to a discriminatory 

compensation decision or other practice, or when a person is affected 

by application of a discriminatory compensation decision or other 

practice, including each time wages, benefits, or other compensation 

is paid, resulting in whole or in part from such a decision or 

other practice.’’. 

SEC. 5. APPLICATION TO OTHER LAWS. 

(a) AMERICANS WITH DISABILITIES ACT OF 1990.—The amendments made by section 3 shall apply to claims of discrimination 

in compensation brought under title I and section 503 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq., 12203), 

pursuant to section 107(a) of such Act (42 U.S.C. 12117(a)), which 

adopts the powers, remedies, and procedures set forth in section 

706 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–5). 

(b) REHABILITATION ACT OF 1973.—The amendments made by 

section 3 shall apply to claims of discrimination in compensation 

brought under sections 501 and 504 of the Rehabilitation Act of 

1973 (29 U.S.C. 791, 794), pursuant to— 

(1) sections 501(g) and 504(d) of such Act (29 U.S.C. 791(g), 

794(d)), respectively, which adopt the standards applied under 

title I of the Americans with Disabilities Act of 1990 for determining whether a violation has occurred in a complaint alleging 

employment discrimination; and 

(2) paragraphs (1) and (2) of section 505(a) of such Act 

(29 U.S.C. 794a(a)) (as amended by subsection (c)). 

(c) CONFORMING AMENDMENTS.— (1) REHABILITATION ACT OF 1973.—Section 505(a) of the 

Rehabilitation Act of 1973 (29 U.S.C. 794a(a)) is amended— 

42 USC 2000e–5 

note. 

42 USC 2000e–5 

note. 


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PUBLIC LAW 111–2—JAN. 29, 2009 123 STAT. 7 

LEGISLATIVE HISTORY—S. 181 (H.R. 11): 

CONGRESSIONAL RECORD, Vol. 155 (2009): 

Jan. 15, 21, 22, considered and passed Senate. 

Jan. 27, considered and passed House. 

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2009): 

Jan. 29, Presidential remarks. 

Æ 

(A) in paragraph (1), by inserting after ‘‘(42 U.S.C. 

2000e–5 (f) through (k))’’ the following: ‘‘(and the application of section 706(e)(3) (42 U.S.C. 2000e–5(e)(3)) to claims 

of discrimination in compensation)’’; and 

(B) in paragraph (2), by inserting after ‘‘1964’’ the 

following: ‘‘(42 U.S.C. 2000d et seq.) (and in subsection 

(e)(3) of section 706 of such Act (42 U.S.C. 2000e–5), applied 

to claims of discrimination in compensation)’’. 

(2) CIVIL RIGHTS ACT OF 1964.—Section 717 of the Civil 

Rights Act of 1964 (42 U.S.C. 2000e–16) is amended by adding 

at the end the following: 

‘‘(f) Section 706(e)(3) shall apply to complaints of discrimination 

in compensation under this section.’’. 

(3) AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967.— Section 15(f) of the Age Discrimination in Employment Act 

of 1967 (29 U.S.C. 633a(f)) is amended by striking ‘‘of section’’ 

and inserting ‘‘of sections 7(d)(3) and’’. 

SEC. 6. EFFECTIVE DATE. 

This Act, and the amendments made by this Act, take effect 

as if enacted on May 28, 2007 and apply to all claims of discrimination in compensation under title VII of the Civil Rights Act of 

1964 (42 U.S.C. 2000e et seq.), the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.), title I and section 503 

of the Americans with Disabilities Act of 1990, and sections 501 

and 504 of the Rehabilitation Act of 1973, that are pending on 

or after that date. 

Approved January 29, 2009. 

42 USC 2000e–5 

note. 


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