II 

Calendar No. 14 

111TH CONGRESS 

1ST SESSION 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. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 8, 2009 

Ms. MIKULSKI (for herself, Mr. KENNEDY, Mr. HARKIN, Mr. LEAHY, Mr. 

REID, Ms. SNOWE, Mr. DODD, Mr. BINGAMAN, Mrs. MURRAY, Mr. 

REED, Mrs. CLINTON, Mr. SANDERS, Mr. BROWN, Mr. BYRD, Mr. 

INOUYE, Mr. LEVIN, Mr. KERRY, Mr. ROCKEFELLER, Mr. KOHL, Mr. 

LIEBERMAN, Mr. AKAKA, Mrs. FEINSTEIN, Mr. DORGAN, Mrs. BOXER, 

Mr. FEINGOLD, Mr. WYDEN, Mr. DURBIN, Mr. JOHNSON, Ms. 

LANDRIEU, Mr. SCHUMER, Mrs. LINCOLN, Mr. CARPER, Ms. STABENOW, 

Ms. CANTWELL, Mr. NELSON of Florida, Mr. LAUTENBERG, Mr. 

SALAZAR, Mr. MENENDEZ, Mr. CARDIN, Mr. WEBB, Mr. CASEY, Ms. 

KLOBUCHAR, Mrs. MCCASKILL, Mr. WHITEHOUSE, Mr. TESTER, Mr. 

UDALL of Colorado, Mr. UDALL of New Mexico, Mr. WARNER, Mrs. 

SHAHEEN, Mr. MERKLEY, Mrs. HAGAN, Mr. BEGICH, Mr. PRYOR, and 

Mr. BAYH) introduced the following bill; which was read the first time 

JANUARY 9, 2009 

Read the second time and placed on the calendar 

A BILL 

To amend title VII of the Civil Rights Act of 1964 and 

the Age Discrimination in Employment Act of 1967, 


rfrederick on PROD1PC67 with BILLS
2 

•S 181 PCS

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

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

5 Pay Act of 2009’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The Supreme Court in Ledbetter v. Good9 year Tire & Rubber Co., 550 U.S. 618 (2007), sig10 nificantly impairs statutory protections against dis11 crimination in compensation that Congress estab12 lished and that have been bedrock principles of 

13 American law for decades. The Ledbetter decision 

14 undermines those statutory protections by unduly re15 stricting the time period in which victims of dis16 crimination can challenge and recover for discrimi17 natory compensation decisions or other practices, 

18 contrary to the intent of Congress. 

19 (2) The limitation imposed by the Court on the 

20 filing of discriminatory compensation claims ignores 


rfrederick on PROD1PC67 with BILLS
3 

•S 181 PCS

1 the reality of wage discrimination and is at odds 

2 with the robust application of the civil rights laws 

3 that Congress intended. 

4 (3) With regard to any charge of discrimination 

5 under any law, nothing in this Act is intended to 

6 preclude or limit an aggrieved person’s right to in7 troduce evidence of an unlawful employment practice 

8 that has occurred outside the time for filing a 

9 charge of discrimination. 

10 (4) Nothing in this Act is intended to change 

11 current law treatment of when pension distributions 

12 are considered paid. 

13 SEC. 3. DISCRIMINATION IN COMPENSATION BECAUSE OF 

14 RACE, COLOR, RELIGION, SEX, OR NATIONAL 

15 ORIGIN. 

16 Section 706(e) of the Civil Rights Act of 1964 (42 

17 U.S.C. 2000e–5(e)) is amended by adding at the end the 

18 following: 

19 ‘‘(3)(A) For purposes of this section, an unlawful em20 ployment practice occurs, with respect to discrimination 

21 in compensation in violation of this title, when a discrimi22 natory compensation decision or other practice is adopted, 

23 when an individual becomes subject to a discriminatory 

24 compensation decision or other practice, or when an indi25 vidual is affected by application of a discriminatory comVerDate Nov 24 2008 00:40 Jan 10, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S181.PCS S181

rfrederick on PROD1PC67 with BILLS
4 

•S 181 PCS

1 pensation decision or other practice, including each time 

2 wages, benefits, or other compensation is paid, resulting 

3 in whole or in part from such a decision or other practice. 

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

5 1977A of the Revised Statutes (42 U.S.C. 1981a), liability 

6 may accrue and an aggrieved person may obtain relief as 

7 provided in subsection (g)(1), including recovery of back 

8 pay for up to two years preceding the filing of the charge, 

9 where the unlawful employment practices that have oc10 curred during the charge filing period are similar or re11 lated to unlawful employment practices with regard to dis12 crimination in compensation that occurred outside the 

13 time for filing a charge.’’. 

14 SEC. 4. DISCRIMINATION IN COMPENSATION BECAUSE OF 

15 AGE. 

16 Section 7(d) of the Age Discrimination in Employ17 ment Act of 1967 (29 U.S.C. 626(d)) is amended— 

18 (1) in the first sentence— 

19 (A) by redesignating paragraphs (1) and 

20 (2) as subparagraphs (A) and (B), respectively; 

21 and 

22 (B) by striking ‘‘(d)’’ and inserting 

23 ‘‘(d)(1)’’; 

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

25 and inserting the following: 


rfrederick on PROD1PC67 with BILLS
5 

•S 181 PCS

1 ‘‘(2) Upon’’; and 

2 (3) by adding at the end the following: 

3 ‘‘(3) For purposes of this section, an unlawful prac4 tice occurs, with respect to discrimination in compensation 

5 in violation of this Act, when a discriminatory compensa6 tion decision or other practice is adopted, when a person 

7 becomes subject to a discriminatory compensation decision 

8 or other practice, or when a person is affected by applica9 tion of a discriminatory compensation decision or other 

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

11 compensation is paid, resulting in whole or in part from 

12 such a decision or other practice.’’. 

13 SEC. 5. APPLICATION TO OTHER LAWS. 

14 (a) AMERICANS WITH DISABILITIES ACT OF 1990.— 

15 The amendments made by section 3 shall apply to claims 

16 of discrimination in compensation brought under title I 

17 and section 503 of the Americans with Disabilities Act of 

18 1990 (42 U.S.C. 12111 et seq., 12203), pursuant to sec19 tion 107(a) of such Act (42 U.S.C. 12117(a)), which 

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

21 section 706 of the Civil Rights Act of 1964 (42 U.S.C. 

22 2000e–5). 

23 (b) REHABILITATION ACT OF 1973.—The amend24 ments made by section 3 shall apply to claims of discrimi25 nation in compensation brought under sections 501 and 


rfrederick on PROD1PC67 with BILLS
6 

•S 181 PCS

1 504 of the Rehabilitation Act of 1973 (29 U.S.C. 791, 

2 794), pursuant to— 

3 (1) sections 501(g) and 504(d) of such Act (29 

4 U.S.C. 791(g), 794(d)), respectively, which adopt 

5 the standards applied under title I of the Americans 

6 with Disabilities Act of 1990 for determining wheth7 er a violation has occurred in a complaint alleging 

8 employment discrimination; and 

9 (2) paragraphs (1) and (2) of section 505(a) of 

10 such Act (29 U.S.C. 794a(a)) (as amended by sub11 section (c)). 

12 (c) CONFORMING AMENDMENTS.— 

13 (1) REHABILITATION ACT OF 1973.—Section 

14 505(a) of the Rehabilitation Act of 1973 (29 U.S.C. 

15 794a(a)) is amended— 

16 (A) in paragraph (1), by inserting after 

17 ‘‘(42 U.S.C. 2000e–5 (f) through (k))’’ the fol18 lowing: ‘‘(and the application of section 

19 706(e)(3) (42 U.S.C. 2000e–5(e)(3)) to claims 

20 of discrimination in compensation)’’; and 

21 (B) in paragraph (2), by inserting after 

22 ‘‘1964’’ the following: ‘‘(42 U.S.C. 2000d et 

23 seq.) (and in subsection (e)(3) of section 706 of 

24 such Act (42 U.S.C. 2000e–5), applied to 

25 claims of discrimination in compensation)’’. 


rfrederick on PROD1PC67 with BILLS
7 

•S 181 PCS

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

2 the Civil Rights Act of 1964 (42 U.S.C. 2000e–16) 

3 is amended by adding at the end the following: 

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

5 discrimination in compensation under this section.’’. 

6 (3) AGE DISCRIMINATION IN EMPLOYMENT ACT

7 OF 1967.—Section 15(f) of the Age Discrimination in 

8 Employment Act of 1967 (29 U.S.C. 633a(f)) is 

9 amended by striking ‘‘of section’’ and inserting ‘‘of 

10 sections 7(d)(3) and’’. 

11 SEC. 6. EFFECTIVE DATE. 

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

13 effect as if enacted on May 28, 2007 and apply to all 

14 claims of discrimination in compensation under title VII 

15 of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), 

16 the Age Discrimination in Employment Act of 1967 (29 

17 U.S.C. 621 et seq.), title I and section 503 of the Ameri18 cans with Disabilities Act of 1990, and sections 501 and 

19 504 of the Rehabilitation Act of 1973, that are pending 

20 on or after that date. 


rfrederick on PROD1PC67 with BILLS
Calendar No. 14 

111TH CONGRESS 

1ST SESSION S. 181 

A BILL 

To amend title VII of the Civil Rights Act of 1964 

tice, and for other purposes. criminatory compensation decision or other practime compensation is paid pursuant to the distice that is unlawful under such Acts occurs each criminatory compensation decision or other pracRehabilitation Act of 1973, to clarify that a disAmericans with Disabilities Act of 1990 and the of 1967, and to modify the operation of the and the Age Discrimination in Employment Act 

JANUARY 9, 2009 

Read the second time and placed on the calendar 


rfrederick on PROD1PC67 with BILLS