Senator Mikulski Praises Use of Lilly Ledbetter Fair Pay Act in Court Decision

Mikulski led Senate fight to pass new law protecting equal work for equal pay

15-Sep-2009 -- WASHINGTON, D.C. – U.S. Senator Barbara A. Mikulski (D-Md.) today praised the recent use of the Lilly Ledbetter Fair Pay Act to protect equal work for equal pay. The Third Circuit Court of Appeals recently used the new law to hold that a Title VII claim was erroneously dismissed on the basis that the claim was not filed in a timely manner.

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“This decision does exactly what the Lilly Ledbetter Fair Pay Act was signed into law to do-- right a terrible wrong,” said Senator Mikulski, the lead sponsor of the bill who fought for its passage on the Senate floor.

President Obama signed the Lilly Ledbetter Fair Pay Act into law in January 2009. It restores the law that existed for decades in virtually every region of the country prior to the Supreme Court decision in Ledbetter v. Goodyear Tire and Rubber Co. and makes it clear that each discriminatory paycheck is a new act of discrimination that resets the 300-day time period to file a claim.

The suit was filed by Mary Lou Mikula, who manages the police grants budget for Allegheny County, Pennsylvania. In an initial panel opinion, the Third Circuit held that her Title VII claim was not filed in a timely manner despite the passage of the Lilly Ledbetter Fair Pay Act. The National Women’s Law Center filed a petition for rehearing in April, and the court’s decision this month makes clear that each discriminatory paycheck renews the time period for filing a Title VII claim.

Source: Senator Barbara A. Mikulski