WASHINGTON – On Tuesday, the U.S. House of Representatives passed H.R. 2831, the Ledbetter Fair Pay Act, which would eliminate the statute of limitations for all employment laws that protect employees from discrimination based on sex, race, religion, age, and disability.
Not only can former employees file a claim years after having worked for a company, but their family members also can file claims related to discrimination in all aspects of compensation – not only pay, but retirement benefits, vacation time and bonuses. Sen. Ted Kennedy (D-MA) introduced a companion measure (S. 1843) on July 20.
NACS opposes the bill [PDF], which would eliminate any time requirement for filing a claim involving compensation discrimination. Allegations from 20 or 30 years ago could be resurrected and filed in federal courts. Proponents argue that the legislation would correct a Supreme Court decision, Ledbetter v. Goodyear Tire & Rubber Co. However, H.R. 2831 goes much further than the Supreme Court case, which dealt with only discrimination on the basis of sex. The legislation also changes how a person can file a discrimination lawsuit against his/her employer – regardless of whether the discrimination was intentional.
Meanwhile, support for the legislation may hit a crossroad should it land on President Bush's desk. The administration has issued its Statement of Administrative Policy, which says: "If H.R. 2831 were presented to the President, his senior advisors would recommend that he veto the bill."
Click here to see how members of the House voted on H.R. 2831.