The Candidates on Equal Pay
As part of our continuing effort to educate you on where the candidates stand on key employment law issues, today we’re focusing on one of the most controversial U.S. Supreme Court decisions in recent years: Ledbetter v. Goodyear.
The Case
Lilly Ledbetter worked for Goodyear for 19 years. Ledbetter, a manager, was paid $3,727 a month. The lowest-paid male manager got $4,286 a month and the highest-paid got $5,236 a month. Ledbetter sued, alleging gender discrimination.
She lost. In a tight 5-to-4 decision, the Court found that despite years of lower pay, Ledbetter was barred from any recovery because she failed to complain within 180 days of the first paycheck that contained lower pay.
In her dissent to the opinion, Judge Ginsburg took exception to the majority’s view and argued that the correct standard should be: ”Each and every pay decision she did not immediately challenged wiped the slate clean.”
The Candidates
The decision has generated lots of discussion. Here’s a quick guide to each candidate’s position on the issue . . .
Obama: Obama is a co-sponsor of the Fair Pay Restoration Act (FPRA). The FPRA would reverse the Ledbetter decision by giving claimants a longer period of time to file claims.
McCain: McCain opposes the FPRA, stating that it represents “government playing a much, much greater role in the business of a private enterprise system.” In addition, he contends that (1) altering the filing period would be unfair to employers and (2) female employees would benefit more from increased access to education and training opportunities instead.
For what it’s worth, Lilly Ledbetter has endorsed Obama.