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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
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