S.904 - Fair Pay Act of 2009
A bill to amend the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin, and for other purposes. view all titles (2)
All Bill Titles
- Official: A bill to amend the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin, and for other purposes. as introduced.
- Short: Fair Pay Act of 2009 as introduced.
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U.S. Congress - S.904 Fair Pay Act of 2009




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When I frequent a business (Acme per se) I want to support them because Acme’s company policies do not go against my moral views. I think it is morally wrong to discriminate against somebody because of sex/race/etc . If Acme discriminated against sexes/races/etc I would not use their business.
This bill would force Acme to adopt non-discrimination policies no matter what their administrators thought. I would then not know that Acme would discriminate against sexes/races/etc and might not be an informed consumer.
If I am going to shop at Acme I want to shop there because Acme feels that each sex/race/etc are equally deserving of fair treatment, not because Acme begrudgingly adopted non-discrimination policies after the government forced them to.
You can’t legislate kindness. Let the companies who discriminate be called out by the public and go bankrupt instead of covering their tushes and making a less informed consumer base with this legislation.
The problem with that line of reasoning is that the public often doesn’t have knowledge of the pay practices of companies. In the Lily Ledbetter case, even Ledbetter herself didn’t know she was being discriminated against. It would be impossible, therefore, for the public to call out companies it viewed as “unkind,” to borrow your phrase.