I 

111TH CONGRESS 

1ST SESSION H. R. 11 

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 HOUSE OF REPRESENTATIVES 

JANUARY 6, 2009 

Mr. GEORGE MILLER of California (for himself, Ms. DELAURO, Ms. HIRONO, 

Mr. RUPPERSBERGER, Ms. SCHAKOWSKY, Mr. STARK, Mr. ACKERMAN, 

Ms. CLARKE, Mr. HOLT, Mr. LEVIN, Mr. KILDEE, Mrs. MCCARTHY of 

New York, Ms. SUTTON, Mr. VAN HOLLEN, Mr. ELLISON, Ms. EDWARDS

of Maryland, Mr. GRIJALVA, Mr. NADLER of New York, Ms. NORTON, 

Mr. OBERSTAR, Ms. MATSUI, Mrs. TAUSCHER, Mr. PAYNE, Mr. HODES, 

Mr. JACKSON of Illinois, Ms. LEE of California, Mr. ROTHMAN of New 

Jersey, Mr. SERRANO, Mr. WEINER, Mr. WU, Mr. COHEN, Mr. CONYERS, 

Mr. HARE, Mr. ISRAEL, Mr. LARSON of Connecticut, Mr. SESTAK, Mr. 

ABERCROMBIE, Mr. ANDREWS, Mr. ARCURI, Mr. BACA, Mr. BECERRA, 

Ms. BERKLEY, Mr. BISHOP of New York, Mr. BLUMENAUER, Mr. BOSWELL, Mr. BOUCHER, Mr. BRADY of Pennsylvania, Mrs. CAPPS, Mr. 

CARNAHAN, Mr. CARSON of Indiana, Mr. CLAY, Mr. CLEAVER, Mr. CLYBURN, Mr. COURTNEY, Mr. CUMMINGS, Mr. DAVIS of Alabama, Mrs. 

DAVIS of California, Mr. DEFAZIO, Ms. DEGETTE, Mr. DICKS, Mr. 

ENGEL, Mr. FARR, Mr. FATTAH, Mr. FILNER, Ms. GIFFORDS, Mrs. 

GILLIBRAND, Mr. HALL of New York, Mr. HASTINGS of Florida, Mr. 

HINCHEY, Mr. HINOJOSA, Mr. HONDA, Ms. EDDIE BERNICE JOHNSON

of Texas, Mr. JOHNSON of Georgia, Mr. KAGEN, Mr. KIND, Mr. 

LANGEVIN, Mr. LEWIS of Georgia, Mr. LIPINSKI, Mr. LOEBSACK, Ms. 

ZOE LOFGREN of California, Mrs. LOWEY, Mr. LYNCH, Mr. MAFFEI, 

Mrs. MALONEY, Mr. MARKEY of Massachusetts, Ms. MCCOLLUM, Mr. 

MCDERMOTT, Mr. MICHAUD, Mr. MILLER of North Carolina, Mr. MOORE

of Kansas, Ms. MOORE of Wisconsin, Mr. MORAN of Virginia, Mr. PATRICK MURPHY of Pennsylvania, Mr. OBEY, Mr. OLVER, Mr. PALLONE, 

Mr. PASCRELL, Mr. PETERS, Mr. REYES, Mr. RODRIGUEZ, Ms. LINDA

T. SANCHEZ of California, Ms. LORETTA SANCHEZ of California, Mr. 

SARBANES, Mr. SCHIFF, Ms. SCHWARTZ, Mr. SCOTT of Georgia, Mr. 


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SCOTT of Virginia, Ms. SHEA-PORTER, Mr. SHERMAN, Mr. SIRES, Mr. 

SKELTON, Ms. SLAUGHTER, Ms. SPEIER, Mr. TIERNEY, Mr. TOWNS, Ms. 

TSONGAS, Mr. VISCLOSKY, Mr. WALZ, Ms. WASSERMAN SCHULTZ, Ms. 

WATERS, Ms. WATSON, Mr. WAXMAN, Mr. WELCH, Mr. WEXLER, Ms. 

WOOLSEY, Mr. YARMUTH, Ms. HARMAN, Ms. KAPTUR, Mr. KUCINICH, 

Mr. MCMAHON, Mr. MURPHY of Connecticut, Mr. PERRIELLO, Ms. PINGREE of Maine, Mr. POMEROY, Mr. RYAN of Ohio, Mr. THOMPSON of 

Mississippi, Ms. VELAZQUEZ, Mr. HEINRICH, Mr. BAIRD, Ms. BALDWIN, 

Mr. BERMAN, Mr. BERRY, Ms. BORDALLO, Mr. BRALEY of Iowa, Ms. 

CORRINE BROWN of Florida, Mr. BUTTERFIELD, Mr. CAPUANO, Mr. 

DAVIS of Illinois, Mr. DINGELL, Mrs. CHRISTENSEN, Mr. DOGGETT, Mr. 

LARSEN of Washington, Mr. WATT, Mr. STUPAK, Ms. CASTOR of Florida, 

Mr. RUSH, Mr. ORTIZ, Mr. AL GREEN of Texas, Mr. GONZALEZ, Mr. 

COOPER, Mr. GENE GREEN of Texas, Ms. RICHARDSON, Mr. HIGGINS, 

Ms. JACKSON-LEE of Texas, Mr. THOMPSON of California, Mr. 

COSTELLO, Mr. KENNEDY, Mr. DOYLE, and Mr. HOYER) introduced the 

following bill; which was referred to the Committee on Education and 

Labor 

A BILL 

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. 

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’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) The Supreme Court in Ledbetter v. Good4 year Tire & Rubber Co., 550 U.S. 618 (2007), sig5 nificantly impairs statutory protections against dis6 crimination in compensation that Congress estab7 lished and that have been bedrock principles of 

8 American law for decades. The Ledbetter decision 

9 undermines those statutory protections by unduly re10 stricting the time period in which victims of dis11 crimination can challenge and recover for discrimi12 natory compensation decisions or other practices, 

13 contrary to the intent of Congress. 

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

15 filing of discriminatory compensation claims ignores 

16 the reality of wage discrimination and is at odds 

17 with the robust application of the civil rights laws 

18 that Congress intended. 

19 (3) With regard to any charge of discrimination 

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

21 preclude or limit an aggrieved person’s right to in22 troduce evidence of an unlawful employment practice 

23 that has occurred outside the time for filing a 

24 charge of discrimination. 


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

2 current law treatment of when pension distributions 

3 are considered paid. 

4 SEC. 3. DISCRIMINATION IN COMPENSATION BECAUSE OF 

5 RACE, COLOR, RELIGION, SEX, OR NATIONAL 

6 ORIGIN. 

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

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

9 following: 

10 ‘‘(3)(A) For purposes of this section, an unlawful em11 ployment practice occurs, with respect to discrimination 

12 in compensation in violation of this title, when a discrimi13 natory compensation decision or other practice is adopted, 

14 when an individual becomes subject to a discriminatory 

15 compensation decision or other practice, or when an indi16 vidual is affected by application of a discriminatory com17 pensation decision or other practice, including each time 

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

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

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

21 1977A of the Revised Statutes (42 U.S.C. 1981a), liability 

22 may accrue and an aggrieved person may obtain relief as 

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

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

25 where the unlawful employment practices that have ocVerDate Nov 24 2008 04:28 Jan 07, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H11.IH H11

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1 curred during the charge filing period are similar or re2 lated to unlawful employment practices with regard to dis3 crimination in compensation that occurred outside the 

4 time for filing a charge.’’. 

5 SEC. 4. DISCRIMINATION IN COMPENSATION BECAUSE OF 

6 AGE. 

7 Section 7(d) of the Age Discrimination in Employ8 ment Act of 1967 (29 U.S.C. 626(d)) is amended— 

9 (1) in the first sentence— 

10 (A) by redesignating paragraphs (1) and 

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

12 and 

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

14 ‘‘(d)(1)’’; 

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

16 and inserting the following: 

17 ‘‘(2) Upon’’; and 

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

19 ‘‘(3) For purposes of this section, an unlawful prac20 tice occurs, with respect to discrimination in compensation 

21 in violation of this Act, when a discriminatory compensa22 tion decision or other practice is adopted, when a person 

23 becomes subject to a discriminatory compensation decision 

24 or other practice, or when a person is affected by applica25 tion of a discriminatory compensation decision or other 


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

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

3 such a decision or other practice.’’. 

4 SEC. 5. APPLICATION TO OTHER LAWS. 

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

6 The amendments made by section 3 shall apply to claims 

7 of discrimination in compensation brought under title I 

8 and section 503 of the Americans with Disabilities Act of 

9 1990 (42 U.S.C. 12111 et seq., 12203), pursuant to sec10 tion 107(a) of such Act (42 U.S.C. 12117(a)), which 

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

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

13 2000e–5). 

14 (b) REHABILITATION ACT OF 1973.—The amend15 ments made by section 3 shall apply to claims of discrimi16 nation in compensation brought under sections 501 and 

17 504 of the Rehabilitation Act of 1973 (29 U.S.C. 791, 

18 794), pursuant to— 

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

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

21 the standards applied under title I of the Americans 

22 with Disabilities Act of 1990 for determining wheth23 er a violation has occurred in a complaint alleging 

24 employment discrimination; and 


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

2 such Act (29 U.S.C. 794a(a)) (as amended by sub3 section (c)). 

4 (c) CONFORMING AMENDMENTS.— 

5 (1) REHABILITATION ACT OF 1973.—Section 

6 505(a) of the Rehabilitation Act of 1973 (29 U.S.C. 

7 794a(a)) is amended— 

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

9 ‘‘(42 U.S.C. 2000e–5 (f) through (k))’’ the fol10 lowing: ‘‘(and the application of section 

11 706(e)(3) (42 U.S.C. 2000e–5(e)(3)) to claims 

12 of discrimination in compensation)’’; and 

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

14 ‘‘1964’’ the following: ‘‘(42 U.S.C. 2000d et 

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

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

17 claims of discrimination in compensation)’’. 

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

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

20 is amended by adding at the end the following: 

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

22 discrimination in compensation under this section.’’. 

23 (3) AGE DISCRIMINATION IN EMPLOYMENT ACT

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

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


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

2 sections 7(d)(3) and’’. 

3 SEC. 6. EFFECTIVE DATE. 

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

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

6 claims of discrimination in compensation under title VII 

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

8 the Age Discrimination in Employment Act of 1967 (29 

9 U.S.C. 621 et seq.), title I and section 503 of the Ameri10 cans with Disabilities Act of 1990, and sections 501 and 

11 504 of the Rehabilitation Act of 1973, that are pending 

12 on or after that date. 

Æ 


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