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Ginsburg's Ledbetter dissent inspired the Fair Pay Act

Ruth Bader Ginsburg's 2007 dissent in Ledbetter v. Goodyear called on Congress to act. The Lilly Ledbetter Fair Pay Act became law in 2009, and she was credited with inspiring it.

Ruth Bader Ginsburg
Ruth Bader Ginsburg · 1933–2020
Person
Ruth Bader Ginsburg
Lived
1933–2020
Field
Constitutional Law
From
American

The story

Lilly Ledbetter began working at the Goodyear Tire and Rubber Company's plant in Gadsden, Alabama, in 1979. She started on the same pay as the men, but by the time she retired she was earning $3,727 a month, while the fifteen men doing comparable work earned between $4,286 and $5,236. She believed that negative evaluations early in her career, which held back her raises for years, had been discriminatory. In 1998 she filed a charge with the Equal Employment Opportunity Commission and then sued under Title VII of the Civil Rights Act of 1964. A jury found in her favour.

Goodyear appealed, and on 29 May 2007 the Supreme Court ruled against her by 5 votes to 4. Writing for the majority, Justice Samuel Alito held that she had to file her claim within 180 days of the original pay decision. Later paychecks shaped by that decision did not, in the Court's view, start the clock again, even if she had not known about the discrimination at the time.

Justice Ruth Bader Ginsburg wrote a forceful dissent, joined by three colleagues. She pointed out that pay gaps are often hidden and build up gradually, and that women in male-dominated workplaces may be reluctant to make waves over small sums until the difference grows. She argued that each paycheck affected by a discriminatory decision should count, and she called on Congress to amend Title VII to undo the ruling. The president of the National Women's Law Center called her opinion a clarion call to the American people.

Congress took up that call. House leaders announced a bill within weeks, and although an early version passed the House but failed in the Senate in 2007, the issue featured in the 2008 election campaign. Introduced again by Senator Barbara Mikulski, the Lilly Ledbetter Fair Pay Act became the first bill signed into law by President Barack Obama, on 29 January 2009. It provides that the 180-day time limit resets with each new paycheck affected by a discriminatory decision.

Ginsburg was credited with helping to inspire the law. Before it passed, federal judges had cited the Ledbetter decision in some 300 cases, involving not only pay but age discrimination, housing and education. The act restored the ability of workers to challenge pay discrimination that they could not have known about when it began.

Why it matters

The Fair Pay Act restored the ability of workers to challenge pay discrimination they could not have known about.

About Ruth Bader Ginsburg

U.S. Supreme Court Justice; pioneer of gender equality jurisprudence; co-founded the ACLU Women's Rights Project.

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Ruth Bader Ginsburg
1933–2020 · Constitutional Law
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Another act of tikkun olam. This is part of tikkun olam, the Jewish idea of repairing the world, and every one of us can add to it.

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