Full text of Lilly Ledbetter Fair Pay Act of 2009

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PUBLIC LAW 111–2—JAN. 29, 2009

123 STAT. 5

Public Law 111–2
111th Congress
An Act
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.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Lilly Ledbetter Fair Pay Act
of 2009’’.
SEC. 2. FINDINGS.

Congress finds the following:
(1) The Supreme Court in Ledbetter v. Goodyear Tire &
Rubber Co., 550 U.S. 618 (2007), significantly impairs statutory
protections against discrimination in compensation that Congress established and that have been bedrock principles of
American law for decades. The Ledbetter decision undermines
those statutory protections by unduly restricting the time period
in which victims of discrimination can challenge and recover
for discriminatory compensation decisions or other practices,
contrary to the intent of Congress.
(2) The limitation imposed by the Court on the filing of
discriminatory compensation claims ignores the reality of wage
discrimination and is at odds with the robust application of
the civil rights laws that Congress intended.
(3) With regard to any charge of discrimination under
any law, nothing in this Act is intended to preclude or limit
an aggrieved person’s right to introduce evidence of an unlawful
employment practice that has occurred outside the time for
filing a charge of discrimination.
(4) Nothing in this Act is intended to change current law
treatment of when pension distributions are considered paid.

Jan. 29, 2009
[S. 181]

Lilly Ledbetter
Fair Pay Act
of 2009.
42 USC 2000a
note.
42 USC 2000e–5
note.

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SEC. 3. DISCRIMINATION IN COMPENSATION BECAUSE OF RACE,
COLOR, RELIGION, SEX, OR NATIONAL ORIGIN.

Section 706(e) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–
5(e)) is amended by adding at the end the following:
‘‘(3)(A) For purposes of this section, an unlawful employment
practice occurs, with respect to discrimination in compensation in
violation of this title, when a discriminatory compensation decision
or other practice is adopted, when an individual becomes subject
to a discriminatory compensation decision or other practice, or

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123 STAT. 6

PUBLIC LAW 111–2—JAN. 29, 2009
when an individual is affected by application of a discriminatory
compensation decision or other practice, including each time wages,
benefits, or other compensation is paid, resulting in whole or in
part from such a decision or other practice.
‘‘(B) In addition to any relief authorized by section 1977A
of the Revised Statutes (42 U.S.C. 1981a), liability may accrue
and an aggrieved person may obtain relief as provided in subsection
(g)(1), 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 unlawful employment practices with regard to discrimination in compensation that occurred outside the time for filing
a charge.’’.
SEC. 4. DISCRIMINATION IN COMPENSATION BECAUSE OF AGE.

Section 7(d) of the Age Discrimination in Employment Act
of 1967 (29 U.S.C. 626(d)) is amended—
(1) in the first sentence—
(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and
(B) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’;
(2) in the third sentence, by striking ‘‘Upon’’ and inserting
the following:
‘‘(2) Upon’’; and
(3) by adding at the end the following:
‘‘(3) For purposes of this section, an unlawful practice occurs,
with respect to discrimination in compensation in violation of this
Act, when a discriminatory compensation decision or other practice
is adopted, when a person becomes subject to a discriminatory
compensation decision or other practice, or when a person is affected
by application of a discriminatory compensation decision or other
practice, including each time wages, benefits, or other compensation
is paid, resulting in whole or in part from such a decision or
other practice.’’.
SEC. 5. APPLICATION TO OTHER LAWS.
42 USC 2000e–5
note.

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42 USC 2000e–5
note.

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(a) AMERICANS WITH DISABILITIES ACT OF 1990.—The amendments made by section 3 shall apply to claims of discrimination
in compensation brought under title I and section 503 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq., 12203),
pursuant to section 107(a) of such Act (42 U.S.C. 12117(a)), which
adopts the powers, remedies, and procedures set forth in section
706 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–5).
(b) REHABILITATION ACT OF 1973.—The amendments made by
section 3 shall apply to claims of discrimination in compensation
brought under sections 501 and 504 of the Rehabilitation Act of
1973 (29 U.S.C. 791, 794), pursuant to—
(1) sections 501(g) and 504(d) of such Act (29 U.S.C. 791(g),
794(d)), respectively, which adopt the standards applied under
title I of the Americans with Disabilities Act of 1990 for determining whether a violation has occurred in a complaint alleging
employment discrimination; and
(2) paragraphs (1) and (2) of section 505(a) of such Act
(29 U.S.C. 794a(a)) (as amended by subsection (c)).
(c) CONFORMING AMENDMENTS.—
(1) REHABILITATION ACT OF 1973.—Section 505(a) of the
Rehabilitation Act of 1973 (29 U.S.C. 794a(a)) is amended—

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PUBLIC LAW 111–2—JAN. 29, 2009

123 STAT. 7

(A) in paragraph (1), by inserting after ‘‘(42 U.S.C.
2000e–5 (f) through (k))’’ the following: ‘‘(and the application of section 706(e)(3) (42 U.S.C. 2000e–5(e)(3)) to claims
of discrimination in compensation)’’; and
(B) in paragraph (2), by inserting after ‘‘1964’’ the
following: ‘‘(42 U.S.C. 2000d et seq.) (and in subsection
(e)(3) of section 706 of such Act (42 U.S.C. 2000e–5), applied
to claims of discrimination in compensation)’’.
(2) CIVIL RIGHTS ACT OF 1964.—Section 717 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e–16) is amended by adding
at the end the following:
‘‘(f) Section 706(e)(3) shall apply to complaints of discrimination
in compensation under this section.’’.
(3) AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967.—
Section 15(f) of the Age Discrimination in Employment Act
of 1967 (29 U.S.C. 633a(f)) is amended by striking ‘‘of section’’
and inserting ‘‘of sections 7(d)(3) and’’.
SEC. 6. EFFECTIVE DATE.

This Act, and the amendments made by this Act, take effect
as if enacted on May 28, 2007 and apply to all claims of discrimination in compensation under title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.), the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.), title I and section 503
of the Americans with Disabilities Act of 1990, and sections 501
and 504 of the Rehabilitation Act of 1973, that are pending on
or after that date.

42 USC 2000e–5
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Approved January 29, 2009.

LEGISLATIVE HISTORY—S. 181 (H.R. 11):
CONGRESSIONAL RECORD, Vol. 155 (2009):
Jan. 15, 21, 22, considered and passed Senate.
Jan. 27, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2009):
Jan. 29, Presidential remarks.

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