An armistice on Lilly

Today, I negotiated an armistice on Lilly Ledbetter.

An armistice is a cessation of hostilities. It is not a peace treaty.

As I’ve written before, my bill would make Maryland’s civil rights law on equal pay identical to the federal legislation that President Obama signed into law.

The Senate version of this measure was debated in that body this week. Senator Jamie Raskin, the bill’s sponsor, told me about his discussions with the Republican leader.

I made two suggestions.

First, don’t accept any changes that affect the most important part of the bill. Workers in Maryland must be treated the same as they are under the federal law. That goal was accomplished.

Second, if you reach agreement with the Senate Republicans, they should ask their House colleagues to accept these amendments as well and seek no other changes to the bill.

They don’t have to vote for the bill. We’re just asking that they don’t delay or prevent its passage by proposing any further amendments.

I decided to take matters into my own hands. I spoke to one House Republican leader, then another. My version of shuttle diplomacy.

I am pleased to report that an armistice is at hand.

Talking between the branches

How does the legislature communicate with the judiciary?

That’s not a theoretical question.

I’m working on two bills where it’s very important to express legislative intent.

What does “reasonable accommodation” mean? That’s the key phrase in my bill that would require an apartment owner or condominium association to make a “reasonable accommodation” for the religious practices of tenants or unit owners.

I didn’t make up this term. For 40 years, the courts have used it in deciding whether an employer has made a reasonable accommodation for the religious practices of its employees.

I want my bill to express the legislature’s intent that the courts are to apply the legal analysis that decided “reasonable accommodation” cases in the workplace to a residential setting.

A group of women wrestlers alleged that they had been treated differently than their male counterparts. Their lawsuit was thrown out because, like Lilly Ledbetter, they had not brought their suit within 180 days of the initial discriminatory act.

I’ve drafted language that expresses the legislature’s intent that we don’t want the same thing to happen in cases brought under Maryland’s civil rights laws.

As we were discussing this language today, one lawyer wrote me, “State judges, like federal judges, don't like to be told what to do.”

“Legislators are initial audience for this language” I responded. “So we need to provide some reassurances to them (We can't provide guarantees), that if they pass the bill, this is how we want it to be implemented.”