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Lilly Ledbetter Fair Pay Act




Lilly Ledbetter©    Gary Wheeler, The Virtual HR Director, LLC   1
Objectives
     Review original law

     Summarize revisions

     Discuss best practices




Lilly Ledbetter©     Gary Wheeler, The Virtual HR Director, LLC   2
Background
     Ledbetter vs. Goodyear Tire & Rubber Co., Inc.
       May 2007
       Supreme Court ruling confirmed Title VII wage
        discrimination
       Ledbetter lost due to statute of limitations
                  A wage discrimination claim must be filed within
                   180/300 days of the initial discrimination
           Employee is responsible for discovery of
            discrimination

Lilly Ledbetter©                Gary Wheeler, The Virtual HR Director, LLC   3
Lilly Ledbetter©   Gary Wheeler Coaching and Consulting 2009   4
Lilly Ledbetter Fair Pay Act 2009
     Effective January
      29, 2009
     Enacted in response to
      Ledbetter v. Goodyear
      Tire and Rubber, Co
     Allows an employee to
      seek damages for wage
      discrimination each time
      a discriminatory
      compensation practice
      occurs
Lilly Ledbetter©       Gary Wheeler, The Virtual HR Director, LLC   5
Lilly Ledbetter 2009
     Primarily amends Title VII of the Civil Rights Act
     Retains the 180/300 day time frame but renews
      every time the employee receives compensation
           Any type of reimbursement reflecting bias becomes a
            new act of discrimination
     A retroactive effective date of May 28, 2007
           Applies to all claims of discriminatory compensation
            pending on or after that date



Lilly Ledbetter©           Gary Wheeler, The Virtual HR Director, LLC   6
Employer Responsibilities
     Strengthen maintenance of documentation reflecting pay
      decisions
       Performance evaluations

       Pay Change forms

     Evaluate record retention policy
     Be proactive, identify and eliminate any discriminatory
      pay inequities
       Conduct pay audits regularly

     Train and educate all managers on pay practices


Lilly Ledbetter©       Gary Wheeler, The Virtual HR Director, LLC   7
Organizational Impact
     Opens more opportunities for employees to
      claim wage discrimination

     Modified the requirement of statue of limitations
      to now begin at most recent act of discrimination
      instead of from the initial act




Lilly Ledbetter©         Gary Wheeler, The Virtual HR Director, LLC   8
Best Practices
     Heighten management scrutiny on pay decisions

     Reduce opportunity for a large pay discrepancy
      among employees with the same job description

     Increase employer awareness surrounding all
      types of pay (wages, benefits, retirement)


Lilly Ledbetter©      Gary Wheeler, The Virtual HR Director, LLC   9
Food For Thought
     Will Congress consider revising the statute of
      limitations for additional laws?




Lilly Ledbetter©       Gary Wheeler, The Virtual HR Director, LLC   10
Lilly Ledbetter Information
     For additional information go to:

                        www.eeoc.gov

•     gary@thevirtualhrdirector.com
•     http://www.thevirtualhrdirector.com



Lilly Ledbetter©       Gary Wheeler, The Virtual HR Director, LLC   11

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Lilly Ledbetter Fair Pay Act

  • 1. Lilly Ledbetter Fair Pay Act Lilly Ledbetter© Gary Wheeler, The Virtual HR Director, LLC 1
  • 2. Objectives  Review original law  Summarize revisions  Discuss best practices Lilly Ledbetter© Gary Wheeler, The Virtual HR Director, LLC 2
  • 3. Background  Ledbetter vs. Goodyear Tire & Rubber Co., Inc.  May 2007  Supreme Court ruling confirmed Title VII wage discrimination  Ledbetter lost due to statute of limitations  A wage discrimination claim must be filed within 180/300 days of the initial discrimination  Employee is responsible for discovery of discrimination Lilly Ledbetter© Gary Wheeler, The Virtual HR Director, LLC 3
  • 4. Lilly Ledbetter© Gary Wheeler Coaching and Consulting 2009 4
  • 5. Lilly Ledbetter Fair Pay Act 2009  Effective January 29, 2009  Enacted in response to Ledbetter v. Goodyear Tire and Rubber, Co  Allows an employee to seek damages for wage discrimination each time a discriminatory compensation practice occurs Lilly Ledbetter© Gary Wheeler, The Virtual HR Director, LLC 5
  • 6. Lilly Ledbetter 2009  Primarily amends Title VII of the Civil Rights Act  Retains the 180/300 day time frame but renews every time the employee receives compensation  Any type of reimbursement reflecting bias becomes a new act of discrimination  A retroactive effective date of May 28, 2007  Applies to all claims of discriminatory compensation pending on or after that date Lilly Ledbetter© Gary Wheeler, The Virtual HR Director, LLC 6
  • 7. Employer Responsibilities  Strengthen maintenance of documentation reflecting pay decisions  Performance evaluations  Pay Change forms  Evaluate record retention policy  Be proactive, identify and eliminate any discriminatory pay inequities  Conduct pay audits regularly  Train and educate all managers on pay practices Lilly Ledbetter© Gary Wheeler, The Virtual HR Director, LLC 7
  • 8. Organizational Impact  Opens more opportunities for employees to claim wage discrimination  Modified the requirement of statue of limitations to now begin at most recent act of discrimination instead of from the initial act Lilly Ledbetter© Gary Wheeler, The Virtual HR Director, LLC 8
  • 9. Best Practices  Heighten management scrutiny on pay decisions  Reduce opportunity for a large pay discrepancy among employees with the same job description  Increase employer awareness surrounding all types of pay (wages, benefits, retirement) Lilly Ledbetter© Gary Wheeler, The Virtual HR Director, LLC 9
  • 10. Food For Thought  Will Congress consider revising the statute of limitations for additional laws? Lilly Ledbetter© Gary Wheeler, The Virtual HR Director, LLC 10
  • 11. Lilly Ledbetter Information  For additional information go to: www.eeoc.gov • gary@thevirtualhrdirector.com • http://www.thevirtualhrdirector.com Lilly Ledbetter© Gary Wheeler, The Virtual HR Director, LLC 11