II 

110TH CONGRESS 

1ST SESSION S. 1843 

To amend title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 to clarify that an unlawful practice 

occurs each time compensation is paid pursuant to a discriminatory 

compensation decision or other practice, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 20, 2007 

Mr. KENNEDY (for himself, Mr. SPECTER, Mr. HARKIN, Mrs. CLINTON, Ms. 

SNOWE, Ms. MIKULSKI, Mr. OBAMA, Mr. DURBIN, Mr. DODD, Mr. 

LEAHY, Mrs. MCCASKILL, Mr. WHITEHOUSE, Mrs. BOXER, Ms. 

STABENOW, and Mrs. MURRAY) introduced the following bill; which was 

read twice and referred to the Committee on Health, Education, Labor, 

and Pensions 

A BILL 

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

the Age Discrimination in Employment Act of 1967 to 

clarify that an unlawful practice occurs each time compensation is paid pursuant to a 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 ‘‘Fair Pay Restoration 

5 Act’’. 


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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., No. 05–1074 (May 29, 

5 2007), significantly impairs statutory protections 

6 against discrimination in compensation that Con7 gress established and that have been bedrock prin8 ciples of American law for decades. The Ledbetter 

9 decision undermines those statutory protections by 

10 unduly restricting the time period in which victims 

11 of discrimination can challenge and recover for dis12 criminatory compensation decisions or other prac13 tices, 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. 

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

26 the law in effect as of May 28, 2007, concerning the 


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1 treatment of when pension benefits are considered 

2 paid. 

3 SEC. 3. DISCRIMINATION IN COMPENSATION BECAUSE OF 

4 RACE, COLOR, RELIGION, SEX, OR NATIONAL 

5 ORIGIN. 

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

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

8 following: 

9 ‘‘(3)(A) For purposes of this section, an unlawful em10 ployment practice occurs, with respect to discrimination 

11 in compensation in violation of this title, when a discrimi12 natory compensation decision or other practice is adopted, 

13 when an individual becomes subject to a discriminatory 

14 compensation decision or other practice, or when an indi15 vidual is affected by application of a discriminatory com16 pensation decision or other practice, including each time 

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

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

19 ‘‘(B) Liability may accrue and (in addition to any re20 lief authorized by section 1977A of the Revised Statutes 

21 (42 U.S.C. 1981a)), an aggrieved person may obtain relief 

22 as provided in subsection (g)(1), including recovery of 

23 back pay for up to 2 years preceding the filing of the 

24 charge, in an action under this title concerning an unlaw25 ful employment practice with regard to discrimination in 


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1 compensation, where the unlawful employment practice 

2 that has occurred during the charge filing period is similar 

3 or related to an unlawful employment practice with regard 

4 to discrimination in compensation that occurred outside 

5 the charge filing period.’’. 

6 SEC. 4. DISCRIMINATION IN COMPENSATION BECAUSE OF 

7 AGE. 

8 Section 7(d) of the Age Discrimination Act of 1967 

9 (29 U.S.C. 626(d)) is amended— 

10 (1) in the first sentence— 

11 (A) by redesignating paragraphs (1) and 

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

13 and 

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

15 ‘‘(d)(1)’’; 

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

17 and inserting the following: 

18 ‘‘(2) Upon’’; and 

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

20 ‘‘(3) For purposes of this section, an unlawful prac21 tice occurs, with respect to discrimination in compensation 

22 in violation of this Act, when a discriminatory compensa23 tion decision or other practice is adopted, when a person 

24 becomes subject to a discriminatory compensation decision 

25 or other practice, or when a person is affected by applicaVerDate Aug 31 2005 03:30 Jul 21, 2007 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1843.IS S1843

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1 tion of a discriminatory compensation decision or other 

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

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

4 such a decision or other practice.’’. 

5 SEC. 5. APPLICATION TO OTHER LAWS. 

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

7 The amendments made by section 102 shall apply to 

8 claims of discrimination in compensation brought under 

9 title I and section 503 of the Americans with Disabilities 

10 Act of 1990 (42 U.S.C. 12111 et seq., 12203), pursuant 

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

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

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

14 2000e–5). 

15 (b) REHABILITATION ACT OF 1973.—The amend16 ments made by section 102 shall apply to claims of dis17 crimination in compensation brought under sections 501 

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

19 794), pursuant to— 

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

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

22 the standards applied under title I of the Americans 

23 with Disabilities Act of 1990 for determining wheth24 er a violation has occurred in a complaint alleging 

25 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 ACT OF 1967.—Sec24 tion 15(f) of the Age Discrimination in Employment 

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


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1 striking ‘‘of section’’ and inserting ‘‘of sections 

2 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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