Wednesday, January 28, 2009

Never done before

Tomorrow, I will do something I’ve never done before.

On the same day that a bill is signed into law by the President of the United States, I will introduce legislation to make Maryland law identical to that new federal statute.

Congress just enacted the Lilly Ledbetter Fair Pay Act, overturning a much criticized Supreme Court case that erected a major hurdle for employees seeking to challenge unlawful pay discrimination based on gender, race, age and disability.

In a 5-4 decision, the Court ruled that Lilly Ledbetter - and all other employees subject to pay discrimination, must file a claim within 180 days of an employer's original action treating them unfairly. This was the case even if the employee continued to receive smaller paychecks or the employee did not discover the discriminatory treatment until months or years after the first violation.

Justice Ginsburg, reading her dissent from the bench, declared:

“Each and every pay decision she [Ledbetter] did not immediately challenge wiped the slate clean. Consideration may not be given to the cumulative effect of a series of decisions that, together, set her pay well below that of every male area manager.”

I was not at the Supreme Court that day, but I have heard Justice Ginsburg discuss gender discrimination in the workplace.

I was a student in her law school class on Sex Discrimination and the Law.

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