AAUW Dialog

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In a 2007 U.S. Supreme Court decision, AAUW ally Lilly Ledbetter lost her pay discrimination lawsuit against her former employer. The majority of justices ruled that the stipulated 180-day time period for filing a discrimination complaint began with the first discriminatory decision — even though Lilly had been unaware of the discrimination for years and only became aware of it after a tip from a male colleague (who was subsequently fired).

Not only was the decision a huge setback for Lilly and other people in pay discrimination suits, but the newly restricted filing period has had a negative impact on cases centered on other types of discrimination, like age, race, and disability, The New York Times recently reported that in the past 19 months, federal judges have cited the Ledbetter decision in more than 300 cases. One example the paper cites is an unjust decision in a disability rights case in Idaho by the U.S. Court of Appeals for the 9th Circuit.

In Garcia v. Brockway, the plaintiff, who uses a wheelchair, found that his new apartment violated federal accessibility standards. Under the law, he had two years to challenge a “discriminatory housing practice” in court. He filed the suit within two years of moving to the building, but the court ruled that the two-year period began when construction of the building was complete — nearly ten years before the plaintiff moved there. This ruling ended his chance to find justice and will significantly limit the ability of other plaintiffs to enforce their rights under the Fair Housing Act.

In response to the poor ruling in the Ledbetter case, the last Congress introduced and passed the Ledbetter Fair Pay Act, which would reinstate reasonable and logical time periods within which victims of discrimination can file complaints. However, the bill did not pass in the Senate. Friday, as one of the first acts of the new Congress, the U.S. House of Representatives will likely vote again on this legislation, as well as on the Paycheck Fairness Act. The passage of both acts is not only crucial in our quest for fair pay, but it is also essential in helping all victims of discrimination find justice.

Contact your representative and tell her or him to vote in favor of these acts!