Bench Memos

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Stuart Taylor on the Lilly Ledbetter Fair Pay Act


In his latest National Journal column (temporarily available here), Stuart Taylor offers his keen insights on the recently enacted “Lilly Ledbetter Fair Pay Act” and on the House-passed “Paycheck Fairness Act” (which, from Taylor’s description, seems little more than implementing a wacky comparable-worth scheme through litigation).  Beware bills with sweet-sounding names.

An excerpt from Taylor’s discussion of the Ledbetter law:

This law represents an overreaction to a May 2007 Supreme Court decision, Ledbetter v. Goodyear Tire & Rubber Co., that provoked an explosion of ill-informed media outrage and propelled the losing party, retired Goodyear employee Lilly Ledbetter of Alabama, to a speaking role at last year’s Democratic National Convention.…
Congress chose to shift the balance dramatically against employers by effectively eliminating time limits for filing all manner of discrimination claims that have some impact on pay.

Tags: Whelan


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