The Middle Class Supports. Current and aspiring middle-class Americans need the protection of strong anti-discrimination laws to ensure that they are treated fairly by employers. But the mere existence of these laws is not sufficient: the practical ability to enforce them in a meaningful way is crucial. By clarifying a technicality in employment discrimination law, the Lilly Ledbetter Fair Pay Act deters discriminatory practices in the workplace and ensures that when discrimination does occur, wronged employees can receive fair compensation.

This legislation clarifies that employment discrimination law should be interpreted the way courts have traditionally understood it – until the Supreme Court ruled in favor of a more restrictive interpretation in the 2007 Ledbetter V. Goodyear Tire & Rubber Co. decision. In this case, the Court ruled that plaintiff Lilly Ledbetter was not eligible for compensation despite years of being paid far less than her male peers and even some male subordinates. According the Court, unlawful discrimination had occurred only when her employer first set the discriminatory pay rate, even though Ledbetter had no way of knowing about it until years later. Under this ruling, since Ledbetter’s employer was able to conceal the discrimination for years and she did not find out about the discrimination until it was too late to file a complaint (within 180 days of the first discriminatory paycheck, according to the Court), she had no legal recourse. By reaffirming that a fresh discrimination offense occurs each time an individual is impacted by a discriminatory practice, including each paycheck that includes unfair compensation, this legislation effectively reverses the Supreme Court’s harmful decision and ensures that people subjected to discrimination in the future will continue to have effective recourse to the law.