The Lilly Ledbetter Fair Pay Act destroyed, and rightfully so, by threat of veto by President George W. Bush has finally passed the Senate by a margin of 61 to 36.
For all of you who want to read the bill, it is very short but telling for reference follow the follwing link http://thomas.loc.gov/ of course you have to look for the bill, given the link I orginally gave is indexed. Just go to the www.senate.gov and it may be easier to find it that way.
My objections to this bill are in line with those who voted against this legislation; however, I think I may have some objections to the Supreme Courts ruling of 180 days given that it seems the Court has legislated the number of 180 days. I am no legal scholar so this is a engineer’s view of the matter and the implication of the statements in the bill in Section 2 which seem to strip all statute of limitations to these type of discrimination suits. I think the story from foxnews.com that I quote and link below has missed the fact that the following quote completely eliminates the limitations of the “each paycheck” statement and replaces it to an unlimited duration when so called discrimination occurs.
(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.
The “Lilly Ledbetter Fair Pay Act” is legislation that is plain politics that will placate the leftists; however, this bone thrown to big labor and women’s rights groups will result in a huge cost of small business, corporations and large businesses alike.
Former President Bush threatened to veto the measure last year, called the Lilly Ledbetter Fair Pay Act. The bill never made it out of the Senate.
Republicans have said the measure is a pay out to trial lawyers and Big Labor. Sen. Jim DeMint, R-S.C., a former small business owner, said the bill will have a negative effect as small business owners are hit with “frivolous lawsuits.”
“This will leave women with fewer jobs. Small business owners, especially now in these hard economic times, are having a rough time. This kind of expense will mean they have less jobs for everyone, including women,” he said.
The bill is named for Lilly Ledbetter, a former employee of Goodyear Tire and Rubber Company, who sued the company when she discovered after her 19-year career that she was paid much less than her fellow male colleagues. The case eventually made it to the Supreme Court where, in a 5-4 decision, Ledbetter lost her case. The court ruled that employees must file a claim within 180 days of a company’s initial decision to pay a worker less money, regardless of when a discrepancy is discovered.
The Senate on Thursday approved legislation, as Ledbetter looked on, that declares each paycheck a worker receives can represent a new violation, thereby renewing the statute of limitations with each pay period.
Disclaimer: Before moving on in this diary, if you are a liberal, overly sensitive or have a problem with perceived sexism and bigotry please do not read further for you are about to read something that may offend you.
You have to be kidding me! Goodyear Tire and Rubber Company have NO REASON or obligation to pay Ms. Victim the same wage as her male counterparts. If she had asked for a raise after she found out about the discrepancy in wages, than she should have been fired along with the person who told her about the income discrepancy for violation of company policy. At minimum, the person who revealed his pay to Ms. Victim should have been fired and Ms. Victim should have been brought up to the salary of her male colleagues if she asked for a raise.
For all of you that think I am being unfair, this is a competition out there and companies are not in business to lose money. You are an employee and a product or capital, if you accept a lower wage than your male counterpart, there is no reason for you to be given a matching wage as a male colleague once you find out about the discrepancy.
This works both ways here. It happens in the professional world all of the time. As the marketplace changes and the cost of living rises in an area new hires become more expensive due to the need for incentive. If you have a problem with this reality, change jobs or move.
Listen to me, if I have lived in my home for 20 years and have been employed with the same company for 20 years and the area around me has increased in the cost of living, my company would have to raise the amount of starting pay for the new hires to get people move to the area and accept the job. It is called incentive.
Now what happens if I was with the company for 20 years, paid off the mortgage, making $50,000 a year, my house’s value went from $75,000 in 1988 to $540,000 in 2008, and rent in the area is $2000 a month for an apartment, what do you think I am going to get for $50,000 a year?
Secondly, if I am not the supervisor, why should I know what those around me make? This is a competition, supply and demand, unless you are in a union then the laws of supply and demand fall apart.
Lastly, if there was a proven conspiracy to intentionally hold down someone’s salary because you are green, blue, very tiny, twig or from Mars then by all means you have a case and bring to court your allegations.
Moving on to the last paragraph of the story linked above, we have Barbara Mikulski Democrat Senator who lives in Maryland invoking the spirit of Ted Kennedy with the following banal for those of you in Rio Linda that means dull and unoriginal.
“Today we changed the law, we changed direction, we changed history,” said the bill’s lead sponsor, Sen. Barbara Mikulski, D-Md. Mikulski sent out a special note for the bill’s previous lead sponsor, the ailing Sen. Ted Kennedy, D-Mass., who suffered a seizure related to a brain tumor earlier this week: “Ted, we miss you. We know you’re not here on the floor, but you’re with us in spirit.”
Please Senator Barbara “Face for Radio and Voice for Silent Movies” Democrat, you have been a disaster for Maryland and a disgrace, you are the reason I left Maryland for Virginia. Now your garbage has spread from MD to VA, please take the blue back from VA and return to the ruin you call Maryland. You do not deserve calling yourself a Senator from Maryland as far as I am concerned you are just a Democrat Senator lap dog of the DNC. Now that I have that off my chest, I can continue on with the rest of my point.