Lilly Ledbetter Fair Pay Act of 2009
PL 111-2 (S.181), enacted 01/29/2009

123 STAT. 5 
PUBLIC LAW 111–2—JAN. 29, 2009 
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 Con-
gress 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 discrimi-
nation 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 subpara-
graphs (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 amend-
ments made by section 3 shall apply to claims of discrimination 
in compensation brought under title I and section 503 of the Ameri-
cans 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 deter-
mining 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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123 STAT. 7 
PUBLIC LAW 111–2—JAN. 29, 2009 
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. 
(A) in paragraph (1), by inserting after ‘‘(42 U.S.C. 
2000e–5 (f) through (k))’’ the following: ‘‘(and the applica-
tion 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 discrimina-
tion in compensation under title VII of the Civil Rights Act of 
1964 (42 U.S.C. 2000e et seq.), the Age Discrimination in Employ-
ment 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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