111TH CONGRESS 
1ST SESSION 
H. R. 11 
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 Dis-
abilities 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 discrimi-
natory compensation decision or other practice, to amend 
the Fair Labor Standards Act of 1938 to provide more 
effective remedies to victims of discrimination in the 
payment of wages on the basis of sex, and for other 
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
TITLE I—LILLY LEDBETTER 
FAIR PAY ACT OF 2009 
SECTION 1. SHORT TITLE. 
This title 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. Good-
year Tire & Rubber Co., 550 U.S. 618 (2007), sig-
nificantly impairs statutory protections against dis-
crimination in compensation that Congress estab-
lished and that have been bedrock principles of 
American law for decades. The Ledbetter decision 
undermines those statutory protections by unduly re-
stricting the time period in which victims of dis-
crimination can challenge and recover for discrimi-
natory 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 in-
troduce 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 em-
ployment practice occurs, with respect to discrimination 
in compensation in violation of this title, when a discrimi-
natory compensation decision or other practice is adopted, 
when an individual becomes subject to a discriminatory 
compensation decision or other practice, or when an indi-
vidual is affected by application of a discriminatory com-
pensation 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 oc-
curred during the charge filing period are similar or re-
lated to unlawful employment practices with regard to dis-
crimination 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 Employ-
ment 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: