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For the third time in less than two years, congressional Democrats today advanced the most fundamental shift in civil rights law in decades while preventing Republicans from offering a single amendment. With final passage of the Lilly Ledbetter Fair Pay Act of 2009, the bill now goes to the President without a single Republican amendment ever having received the consideration of the full U.S. House of Representatives.

“This legislation is supposed to be about protecting workers, and especially women, from discrimination in the workplace,” said Rep. Howard P. “Buck” McKeon (R-CA), the top Republican on the U.S. House Education and Labor Committee. “Like my colleagues on both sides of the aisle, I am strongly opposed to discrimination of any type – be it gender discrimination, racial discrimination, or any other type of discrimination inside or outside the workplace. Rooting out such discrimination is a bipartisan goal, and I cannot think of a single reason why it is not being given a bipartisan debate.”



While Republicans share the commitment to preventing discrimination in the workplace, they noted that the Fair Pay Act does not outlaw such discrimination, but rather creates new opportunities for trial lawyers to cash in on federal anti-discrimination laws. The legislation eliminates the longstanding framework of federal civil rights law by discarding the statute of limitations on discrimination claims and replacing it with a new system in which each paycheck could constitute a new, allegedly discriminatory act.

The consequences of eliminating the statute of limitations would be far reaching, Republicans argued. Businesses could be liable for costly court judgments stemming from allegations dating back decades, even if the individual responsible for the alleged discrimination is no longer with the company, or perhaps not even living. Employers would find it nearly impossible to defend against many such claims under the Democrats’ new pro-litigation framework, leaving current workers vulnerable to job losses and even pension insolvency.

“Enriching trial lawyers is simply the wrong way to ensure a fairer, more just workplace. And clearly that’s what this bill would do. By eliminating the statute of limitations, the bill invites more and costlier lawsuits. We’re talking about economic stimulus this week, so it’s only fitting that we begin with an economic stimulus package for trial lawyers,” said McKeon. “Workplace discrimination is a serious issue and it deserves a serious debate. What a disappointment this is.”

 

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