Ledbetter Reversed: The New Fair Pay Act of 2009
Why Attend?
On January 29th, President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 into law. It was the first legislation he signed as President, and it fulfilled his campaign pledge to nullify Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007). The Act would allow employees to bring wage discrimination claims to EEOC within typically 300 days of receiving an allegedly discriminatory paycheck or other form of compensation, rather than within typically 300 days of the original decision by the employer establishing the alleged difference in compensation. The Act reflects the Obama Administration’s view that the 2007 Ledbetter ruling impairs statutory protections against pay discrimination, ignores the realities of wage discrimination, and is inconsistent with Congressional intent in passing civil rights laws. The Act codifies the "pay-check accrual" interpretation permitting employees alleging pay discrimination based on race, color, religion, sex, national origin, age or disability, to seek redress as long as the individual becomes subject to a discriminatory compensation decision or other practice, or as long as the individual is affected by application of a discriminatory compensation decision or other practice, including each time wages, benefits, or other compensation is paid. The Act applies retroactively to May 28, 2007—the day before the Ledbetter decision—for all pending pay discrimination claims made under the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, and the Rehabilitation Act of 1973.
What You Will Learn
The Lilly Ledbetter Fair Pay Act of 2009, which effectively overturned the Supreme Court's 2007 decision in Ledbetter v. Goodyear Tire & Rubber Co., is a far-reaching piece of employment law legislation. Whether you are an experienced employment law practitioner or you have a related area of specialization, knowing about this new law is important to your practice—and your clients. This program will review this significant legislation, touching on:
Will the new law result in an upsurge in compensation litigation?
Will there be increased class action pay compensation litigation?
Procedurally, how might plaintiffs use Civil Rule 60 to reopen cases?
How might the courts interpret and apply the Act's “resulting in whole or in part” language?
Does the “affected by application” of the Act give spouses and others potential standing?
What evidence does plaintiff need in order to establish a prima facie case of compensation discrimination? Is proof of the same or comparable job, and a difference in compensation between a male and female or Caucasian and African-American employee sufficient?
Can a Title VII plaintiff attack her current pay as being discriminatory without proving that some particular pay decision was discriminatory?
Is Title VII now essentially the same as the Equal Pay Act?
How will the legislation affect the OFCCP’s initiative on compensation discrimination?
What is the status of the Paycheck Fairness Bill?
Invest just 2 hours at your home or office to learn about the recently-passed Lilly Ledbetter Fair Pay Act and its effect on gender-based pay discrimination law and litigation from this team of experts. This audio program comes to you live on Thursday, February 19, 2009, 1:00-3:00 pm EST, via your phone or your computer. The format will allow for questions to be put to the panel during the program via email. Materials corresponding to the course may be downloaded or viewed online.
Planning Chair
Robert B. Fitzpatrick, Esquire, Robert B. Fitzpatrick, PLLC, Washington, D.C.
Faculty
Camille Olson, Esquire, Seyfarth Shaw LLP, Chicago, IL
Jocelyn Samuels, Esquire, National Women's Law Center, Washington, D.C.
David Copus, Esquire, Ogletree Deakins, Morristown, NJ
For group tuition discounts, click on the Registration link at top and register online at the discounted rates, or go to the Group Webcast Page and email Ruth Johnson at rjohnson@ali-aba.org for assistance.
Program Schedule
1:00 pm Ledbetter Reversed: The New Fair Pay Act of 2009
Panel discussion
2:40 pm Audience Questions;--Panel discussion
3:00 pm Adjournment
Total 60-minute hours of instruction: 2.0; Total 50-minute hours of instruction: 2.4
Suggested Prerequisite: Experience in employment law and litigation generally; familiarity with fair and equal pay matters, specifically gender-based pay discrimination issues.
Educational Objective: To learn about the recently-passed Lilly Ledbetter Fair Pay Act of 2009 and its considerable effect on prospective gender-based pay discrimination law and litigation.
Level of Instruction: Intermediate
Times
Eastern: 1:00 pm - 3:00 pm
Central: 12:00 noon - 2:00 pm
Mountain: 11:00 am - 1:00 pm
Pacific: 10:00 am - 12:00 noon
Alaska: 9:00 am - 11:00 am
Hawaii: 8:00 am - 10:00 am
