On January 27, 2009, the House passed the Senate version of the Lilly Ledbetter Fair Pay Act (S. 181) by a margin of 250-177.  The House, which passed a different version of the bill on January 9 by a vote of 247-171, acted days after the Senate passed the identical bill 61-36 on January 22.

The legislation, which would overturn the Supreme Court’s controversial 2007 decision in Ledbetter v. Goodyear Tire & Rubber Co., now awaits President Obama’s signature. The President campaigned in favor of the bill and is expected to sign it into law on January 29, 2009.

Introduced in the Senate by Sen. Barbara Mikulski (D-MD) on January 8, S.181 would amend Title VII to allow claims brought within 180 days of receiving any paycheck affected by a discriminatory pay decision, no matter how far in the past an act of discrimination allegedly occurred. Specifically, the legislation provides that compensation discrimination occurs “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 [a discriminatory decision or practice.]”

Additionally, the legislation applies this language to discrimination claims brought under the Age Discrimination in Employment Act, Americans with Disabilities Act, and Rehabilitation Act. Once the bill becomes law, it would take effect as if enacted on May 28, 2007, the day before the Ledbetter decision was issued.