H.R.11 - Lilly Ledbetter Fair Pay Act of 2009

To amend title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967, and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973, to clarify that a discriminatory compensation decision or other practice that is unlawful under such Acts occurs each time compensation is paid pursuant to the discriminatory compensation decision or other practice, and for other purposes. view all titles (6)

All Bill Titles

Short: Lilly Ledbetter Fair Pay Act of 2009 as introduced.
Official: To amend title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967, and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973, to clarify that a discriminatory compensation decision or other practice that is unlawful under such Acts occurs each time compensation is paid pursuant to the discriminatory compensation decision or other practice, and for other purposes. as introduced.
Official: To amend title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967, and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973, to clarify that a discriminatory compensation decision or other practice that is unlawful under such Acts occurs each time compensation is paid pursuant to the discriminatory compensation decision or other practice, to amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes. as amended by house.
Short: Lilly Ledbetter Fair Pay Act of 2009 as passed house.
Short: Paycheck Fairness Act as passed house.
Official: To amend title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967, and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973, to clarify that a discriminatory compensation decision or other practice that is unlawful under such Acts occurs each time compensation is paid pursuant to the discriminatory compensation decision or other practice, to amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes. as introduced.

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Bill's Views

Today: 42
Past Seven Days: 112
All-Time: 17,450

Introduced

House
Passed

Senate
Passes

President
Signs

01/05/09

01/09/09

Official Bill Text Comment on about 27 Pages

Sponsor

Representative

George Miller

D-CA

View Co-Sponsors (195)

Committees

View all Committees (1 more)

Related Issue Areas

Data via Congressional Research Service View all Issues (11 more)Hide Issues

Result: Passed - January 09, 2009

Roll call number 9 in the House

Question: On Passage: H R 11 Lilly Ledbetter Fair Pay Act of 2009

Required percentage of 'Aye' votes: 1/2 (50%)

Percentage of 'aye' votes: 57%

Democrats Voting 'Aye'

Neil Abercrombie
Rep. Gary Ackerman [D, NY-5]
John Adler
Rep. Jason Altmire [D, PA-4]
Rep. Robert Andrews [D, NJ-1]
Michael Arcuri
Rep. Joe Baca [D, CA-43]
Rep. Tammy Baldwin [D, WI-2]
Rep. John Barrow [D, GA-12]
Melissa Bean
Rep. Xavier Becerra [D, CA-31]
Rep. Shelley Berkley [D, NV-1]
Rep. Howard Berman [D, CA-28]
Rep. Sanford Bishop [D, GA-2]
Rep. Timothy Bishop [D, NY-1]
Rep. Earl Blumenauer [D, OR-3]
John Boccieri
Rep. Leonard Boswell [D, IA-3]
Rep. Robert Brady [D, PA-1]
Rep. Bruce Braley [D, IA-1]
Rep. Corrine Brown [D, FL-3]
Rep. George Butterfield [D, NC-1]
Rep. Lois Capps [D, CA-23]
Rep. Michael Capuano [D, MA-8]
Rep. Dennis Cardoza [D, CA-18]
Rep. Russ Carnahan [D, MO-3]
Christopher Carney
Rep. André Carson [D, IN-7]
Rep. Kathy Castor [D, FL-11]
Rep. Ben Chandler [D, KY-6]
Rep. Yvette Clarke [D, NY-11]
Rep. William Clay [D, MO-1]
Rep. Emanuel Cleaver [D, MO-5]
Rep. James Clyburn [D, SC-6]
Rep. Steve Cohen [D, TN-9]
Rep. Gerald Connolly [D, VA-11]
Rep. John Conyers [D, MI-14]
Rep. Jim Cooper [D, TN-5]
Rep. Jim Costa [D, CA-20]
Rep. Jerry Costello [D, IL-12]
Rep. Joe Courtney [D, CT-2]
Rep. Joseph Crowley [D, NY-7]
Rep. Henry Cuellar [D, TX-28]
Rep. Elijah Cummings [D, MD-7]
Kathleen Dahlkemper
Lincoln Davis
Artur Davis
Rep. Susan Davis [D, CA-53]
Rep. Danny Davis [D, IL-7]
Rep. Peter DeFazio [D, OR-4]
Rep. Diana DeGette [D, CO-1]
William Delahunt
Rep. Rosa DeLauro [D, CT-3]
Rep. Norman Dicks [D, WA-6]
Rep. John Dingell [D, MI-15]
Rep. Lloyd Doggett [D, TX-25]
Rep. Joe Donnelly [D, IN-2]
Rep. Michael Doyle [D, PA-14]
Steve Driehaus
Rep. Donna Edwards [D, MD-4]
Thomas Edwards
Rep. Keith Ellison [D, MN-5]
Brad Ellsworth
Rep. Eliot Engel [D, NY-17]
Rep. Anna Eshoo [D, CA-14]
Bob Etheridge
Rep. Sam Farr [D, CA-17]
Rep. Chaka Fattah [D, PA-2]
Rep. Bob Filner [D, CA-51]
Bill Foster
Rep. Barney Frank [D, MA-4]
Rep. Marcia Fudge [D, OH-11]
Rep. Gabrielle Giffords [D, AZ-8]
Sen. Kirsten Gillibrand [D, NY]
Rep. Charles Gonzalez [D, TX-20]
Barton Gordon
Alan Grayson
Rep. Raymond Green [D, TX-29]
Rep. Al Green [D, TX-9]
Rep. Raul Grijalva [D, AZ-7]
Rep. Luis Gutiérrez [D, IL-4]
John Hall
Deborah Halvorson
Phil Hare
Rep. Jane Harman [D, CA-36]
Rep. Alcee Hastings [D, FL-23]
Rep. Martin Heinrich [D, NM-1]
Rep. Brian Higgins [D, NY-27]
Baron Hill
Rep. James Himes [D, CT-4]
Rep. Maurice Hinchey [D, NY-22]
Rep. Rubén Hinojosa [D, TX-15]
Rep. Mazie Hirono [D, HI-2]
Paul Hodes
Rep. Tim Holden [D, PA-17]
Rep. Rush Holt [D, NJ-12]
Rep. Michael Honda [D, CA-15]
Rep. Steny Hoyer [D, MD-5]
Rep. Jay Inslee [D, WA-1]
Rep. Steve Israel [D, NY-2]
Rep. Jesse Jackson [D, IL-2]
Rep. Sheila Jackson-Lee [D, TX-18]
Rep. Eddie Johnson [D, TX-30]
Rep. Henry Johnson [D, GA-4]
Paul Kanjorski
Rep. Marcy Kaptur [D, OH-9]
Patrick Kennedy
Rep. Dale Kildee [D, MI-5]
Carolyn Kilpatrick
Mary Jo Kilroy
Rep. Ronald Kind [D, WI-3]
Ann Kirkpatrick
Rep. Larry Kissell [D, NC-8]
Ron Klein
Suzanne Kosmas
Frank Kratovil
Rep. Dennis Kucinich [D, OH-10]
Rep. James Langevin [D, RI-2]
Rep. Rick Larsen [D, WA-2]
Rep. John Larson [D, CT-1]
Rep. Barbara Lee [D, CA-9]
Rep. Sander Levin [D, MI-12]
Rep. John Lewis [D, GA-5]
Rep. Daniel Lipinski [D, IL-3]
Rep. David Loebsack [D, IA-2]
Rep. Zoe Lofgren [D, CA-16]
Rep. Nita Lowey [D, NY-18]
Rep. Ben Luján [D, NM-3]
Rep. Stephen Lynch [D, MA-9]
Daniel Maffei
Rep. Carolyn Maloney [D, NY-14]
Rep. Edward Markey [D, MA-7]
Betsy Markey
James Marshall
Eric Massa
Rep. Jim Matheson [D, UT-2]
Rep. Doris Matsui [D, CA-5]
Rep. Carolyn McCarthy [D, NY-4]
Rep. Betty McCollum [D, MN-4]
Rep. James McDermott [D, WA-7]
Rep. James McGovern [D, MA-3]
Rep. Mike McIntyre [D, NC-7]
Michael McMahon
Rep. Jerry McNerney [D, CA-11]
Kendrick Meek
Rep. Gregory Meeks [D, NY-6]
Charles Melancon
Rep. Michael Michaud [D, ME-2]
Rep. Bradley Miller [D, NC-13]
Rep. George Miller [D, CA-7]
Walter Minnick
Harry Mitchell
Alan Mollohan
Dennis Moore
Rep. James Moran [D, VA-8]
Rep. Christopher Murphy [D, CT-5]
Patrick Murphy
John Murtha
Rep. Jerrold Nadler [D, NY-8]
Rep. Grace Napolitano [D, CA-38]
Rep. Richard Neal [D, MA-2]
Glenn Nye
James Oberstar
David Obey
Rep. John Olver [D, MA-1]
Solomon Ortiz
Rep. Frank Pallone [D, NJ-6]
Rep. William Pascrell [D, NJ-8]
Rep. Edward Pastor [D, AZ-4]
Rep. Donald Payne [D, NJ-10]
Rep. Nancy Pelosi [D, CA-8]
Rep. Ed Perlmutter [D, CO-7]
Thomas Perriello
Rep. Gary Peters [D, MI-9]
Rep. Collin Peterson [D, MN-7]
Rep. Chellie Pingree [D, ME-1]
Rep. Jared Polis [D, CO-2]
Earl Pomeroy
Rep. David Price [D, NC-4]
Rep. Nick Rahall [D, WV-3]
Rep. Charles Rangel [D, NY-15]
Rep. Silvestre Reyes [D, TX-16]
Rep. Laura Richardson [D, CA-37]
Ciro Rodriguez
Rep. Mike Ross [D, AR-4]
Rep. Steven Rothman [D, NJ-9]
Rep. Lucille Roybal-Allard [D, CA-34]
Rep. Dutch Ruppersberger [D, MD-2]
Rep. Bobby Rush [D, IL-1]
Rep. Timothy Ryan [D, OH-17]
John Salazar
Rep. Loretta Sanchez [D, CA-47]
Rep. Linda Sánchez [D, CA-39]
Rep. John Sarbanes [D, MD-3]
Rep. Janice Schakowsky [D, IL-9]
Mark Schauer
Rep. Adam Schiff [D, CA-29]
Rep. Kurt Schrader [D, OR-5]
Rep. Allyson Schwartz [D, PA-13]
Rep. Robert Scott [D, VA-3]
Rep. David Scott [D, GA-13]
Rep. José Serrano [D, NY-16]
Joe Sestak
Carol Shea-Porter
Rep. Brad Sherman [D, CA-27]
Rep. Heath Shuler [D, NC-11]
Rep. Albio Sires [D, NJ-13]
Ike Skelton
Rep. Louise Slaughter [D, NY-28]
Rep. Adam Smith [D, WA-9]
Hilda Solis
Zachary Space
Rep. Jackie Speier [D, CA-12]
John Spratt
Rep. Fortney Stark [D, CA-13]
Bart Stupak
Rep. Betty Sutton [D, OH-13]
John Tanner
Ellen Tauscher
Gene Taylor
Harry Teague
Rep. Bennie Thompson [D, MS-2]
Rep. Michael Thompson [D, CA-1]
Rep. John Tierney [D, MA-6]
Dina Titus
Rep. Paul Tonko [D, NY-21]
Rep. Edolphus Towns [D, NY-10]
Rep. Niki Tsongas [D, MA-5]
Rep. Christopher Van Hollen [D, MD-8]
Rep. Nydia Velázquez [D, NY-12]
Rep. Peter Visclosky [D, IN-1]
Rep. Timothy Walz [D, MN-1]
Rep. Debbie Wasserman Schultz [D, FL-20]
Rep. Maxine Waters [D, CA-35]
Diane Watson
Rep. Melvin Watt [D, NC-12]
Rep. Henry Waxman [D, CA-30]
Rep. Anthony Weiner [D, NY-9]
Rep. Peter Welch [D, VT-0]
Robert Wexler
Charles Wilson
Rep. Lynn Woolsey [D, CA-6]
Rep. David Wu [D, OR-1]
Rep. John Yarmuth [D, KY-3]

Republicans Voting 'Aye'

Rep. Christopher Smith [R, NJ-4]
Rep. Edward Whitfield [R, KY-1]
Rep. Donald Young [R, AK-0]

Others Voting 'Aye'

Democrats Voting 'Abstain'

Brian Baird
Robert Berry
Frederick Boucher
Stephanie Herseth Sandlin
Steve Kagen
Rep. Gwen Moore [D, WI-4]
Victor Snyder

Republicans Voting 'Abstain'

Rep. Spencer Bachus [R, AL-6]
Henry Brown
Rep. Elton Gallegly [R, CA-24]
Rep. Kay Granger [R, TX-12]
Rep. Samuel Graves [R, MO-6]
Rep. Walter Jones [R, NC-3]
John Shadegg
Todd Tiahrt

Others Voting 'Abstain'

Official Summary

1/9/2009--Passed House amended. Title I: Lilly Ledbetter Fair Pay Act of 2009 - Lilly Ledbetter Fair Pay Act of 2009 - (Sec. 3) Amends the Civil Rights Act of 1964 to declare that an unlawful employment practice occurs when: (1) a discriminatory compensation decision or other practice is a

Official Summary

1/9/2009--Passed House amended. Title I: Lilly Ledbetter Fair Pay Act of 2009 - Lilly Ledbetter Fair Pay Act of 2009 -

(Sec. 3)

Amends the Civil Rights Act of 1964 to declare that an unlawful employment practice occurs when:
(1) a discriminatory compensation decision or other practice is adopted;
(2) an individual becomes subject to the decision or practice; or
(3) an individual is affected by application of the decision or practice, including each time wages, benefits, or other compensation is paid. Allows liability to accrue, and allows an aggrieved person to obtain relief, including recovery of back pay, for up to two years preceding the filing of the charge, where the unlawful employment practices that have occurred during the charge filing period are similar or related to practices that occurred outside the time for filing a charge. Applies the preceding provisions to claims of compensation discrimination under the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973.

(Sec. 4)

Amends the Age Discrimination in Employment Act of 1967 to declare that an unlawful practice occurs when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to the decision or other practice, or when a person is affected by the decision or practice, including each time wages, benefits, or other compensation is paid. Title II: Paycheck Fairness Act - Paycheck Fairness Act - Amends the portion of the Fair Labor Standards Act of 1938 (FLSA) known as the Equal Pay Act to revise remedies for, enforcement of, and exceptions to prohibitions against sex discrimination in the payment of wages. Revises the exception to the prohibition for a wage rate differential based on any other factor other than sex. Limits such factors to bona fide factors, such as education, training, or experience.

(Sec. 203)

States that the bona fide factor defense shall apply only if the employer demonstrates that such factor:
(1) is not based upon or derived from a sex-based differential in compensation;
(2) is job-related with respect to the position in question; and
(3) is consistent with business necessity. Avers that such defense shall not apply where the employee demonstrates that:
(1) an alternative employment practice exists that would serve the same business purpose without producing such differential; and
(2) the employer has refused to adopt such alternative practice. Revises the prohibition against employer retaliation for employee complaints. Prohibits retaliation for inquiring about, discussing, or disclosing the wages of the employee or another employee in response to a complaint or charge, or in furtherance of a sex discrimination investigation, proceeding, hearing, or action, or an investigation conducted by the employer. Makes employers who violate sex discrimination prohibitions liable in a civil action for either compensatory or (except for the federal government) punitive damages. States that any action brought to enforce the prohibition against sex discrimination may be maintained as a class action in which individuals may be joined as party plaintiffs without their written consent. Authorizes the Secretary of Labor (Secretary) to seek additional compensatory or punitive damages in a sex discrimination action.

(Sec. 204)

Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and affected individuals and entities on matters involving wage discrimination.

(Sec. 205)

Authorizes the Secretary to make grants to eligible entities for negotiation skills training programs for girls and women. Directs the Secretary and the Secretary of Education to issue regulations or policy guidance to integrate such training into certain programs under their Departments.

(Sec. 206)

Directs the Secretary to conduct studies and provide information to employers, labor organizations, and the general public regarding the means available to eliminate pay disparities between men and women.

(Sec. 207)

Establishes the Secretary of Labor's National Award for Pay Equity in the Workplace for an employer who has made substantial effort to eliminate pay disparities between men and women.

(Sec. 208)

Amends the Civil Rights Act of 1964 to require the EEOC to collect from employers pay information data regarding the sex, race, and national origin of employees for use in the enforcement of federal laws prohibiting pay discrimination.

(Sec. 209)

Directs:
(1) the Commissioner of Labor Statistics to continue to collect data on woman workers in the Current Employment Statistics survey;
(2) the Office of Federal Contract Compliance Programs to use specified types of methods in investigating compensation discrimination and in enforcing pay equity; and
(3) the Secretary to make accurate information on compensation discrimination readily available to the public.

(Sec. 210)

Authorizes appropriations to carry out this title.

(Sec. 211)

Directs the Secretary and the Commissioner of the EEOC jointly to develop technical assistance material to assist small businesses to comply with the requirements of this Act. Exempts a small business from the provisions of this title to the same extent that such business is exempt from the requirements of the FLSA under specified provisions of that Act.

...Read the Rest

Organizations Supporting H.R.11

National Association for the Advancement of Colored People
American Association of University Women
AFL-CIO
Leadership Conference on Civil Rights
National Women's Law Center
American Association of Retired Persons
...and 11 more. See all.

Organizations Opposing H.R.11

Society for Human Resource Management
American Bakers Association
American Hotel and Lodging Association
American Apparel and Footwear Association
Associated Builders and Contractors
Associated General Contractors of America
...and 16 more. See all.

See the money trail behind this bill for more info on how campaign contributions may be influencing senators' and representatives' votes.

Users tracking H.R.11 (63) are also tracking:

Bills	People	Issues
H.R.12 Paycheck Fairness Act... 40 S.1 American Recovery and... 36 H.J.Res.5 Proposing an amendmen... 16 H.R.1 American Recovery and... 16 H.R.25 Fair Tax Act of 2009 16	Obama [D-] 7 Sen. McCain [R-AZ] 7 Sen. Isakson [R-GA] 6 Sen. Boxer [D-CA] 6 Sen. Alexander [R-TN] 5	Firearms 4 Civil liberties 4 Immigration 4 Foreign policy 3 Energy 3

Users supporting H.R.11 (44) are also:

Supporting Bill	Supporting Senator	Supporting Representative
H.R.12 Paycheck Fairness Act... 23 S.181 Lilly Ledbetter Fair ... 13 H.R.2454 American Clean Energ... 12 H.R.1207 Federal Reserve Trans... 10 H.R.45 Blair Holt's Firearm ... 10	Sen. Sanders [I-VT] 6 Sen. Nelson [D-FL] 5 Sen. Boxer [D-CA] 4 Sen. Kerry [D-MA] 3 Sen. Durbin [D-IL] 3	Rep. Kucinich [D-OH] 4 Rep. Pelosi [D-CA] 3 Rep. Frank [D-MA] 3 Rep. Davis [D-CA] 2 Rep. DeFazio [D-OR] 2

Opposing Bill	Opposing Senator	Opposing Representative
H.J.Res.5 H.J.Res.5 16 H.R.227 Sanctity of Human Lif... 8 H.R.45 Blair Holt's Firearm ... 8 H.R.881 Right to Life Act 6 H.R.231 H.R.231 5	Sen. Lieberman [I-CT] 3 Sen. Corker [R-TN] 3 Sen. Chambliss [R-GA] 3 Sen. Cornyn [R-TX] 3 Sen. Crapo [R-ID] 2	Rep. Bachmann [R-MN] 3 Rep. Coble [R-NC] 2 Rep. Cantor [R-VA] 2 Rep. Flake [R-AZ] 2 Rep. Boehner [R-OH] 2

Users opposing H.R.11 (60) are also:

Supporting Bill	Supporting Senator	Supporting Representative
H.R.25 Fair Tax Act of 2009 35 H.R.1207 Federal Reserve Trans... 22 H.R.197 National Right-to-Car... 17 H.R.226 Broadcaster Freedom A... 17 S.J.Res.7 S.J.Res.7 11	Sen. DeMint [R-SC] 4 Sen. McConnell [R-KY] 3 Sen. Graham [R-SC] 2 Sen. Thune [R-SD] 2 Sen. Alexander [R-TN] 1	Rep. Bachmann [R-MN] 3 Rep. Foxx [R-NC] 2 Rep. Pence [R-IN] 2 Taylor [D-] 2 Rep. Boehner [R-OH] 2

Opposing Bill	Opposing Senator	Opposing Representative
H.R.45 Blair Holt's Firearm ... 42 H.R.12 Paycheck Fairness Act... 35 H.R.1 American Recovery and... 34 H.J.Res.5 H.J.Res.5 32 H.R.2 Children's Health Ins... 25	Sen. Snowe [R-ME] 3 Dodd [D-] 3 Sen. Boxer [D-CA] 2 Sen. Collins [R-ME] 2 Sen. Harkin [D-IA] 2	Rep. Pelosi [D-CA] 4 Rep. Smith [R-NJ] 3 Rep. Jackson [D-IL] 3 Rep. Frank [D-MA] 3 Rep. Bono Mack [R-CA] 2

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Videos of H.R.11

House proceeding 01-09-09 0:17:30 to 0:18:50
Michael McMahon
(View All Videos)
January 09, 2009
1 minute

Video footage of Congress made available by Metavid and by the YouTube Senate and House hubs (via GovTrack).

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H.R.11 - Lilly Ledbetter Fair Pay Act of 2009

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Roll call number 9 in the House

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Republicans Voting 'Abstain'

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Official Summary

Official Summary

(Sec. 3)

(Sec. 4)

(Sec. 203)

(Sec. 204)

(Sec. 205)

(Sec. 206)

(Sec. 207)

(Sec. 208)

(Sec. 209)

(Sec. 210)

(Sec. 211)

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