News > Politics > Lilith Fair? Obama Helps Women In The Work Place But Did He Go Far Enough?

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SATURDAY MARCH 14 2009 5:00 PM

Lilith Fair? Obama Helps Women In The Work Place But Did He Go Far Enough?

Submitted by PunkRockHR

Edited by nicole_powers

Tags: Lilly Ledbetter Fair Pay Act

I bet you didn't realize that your life as a woman is infinitely easier, better, and rosier because the US Congress passed The Lilly Ledbetter Fair Pay Act of 2009.

Has your life changed? Are you jumping up and down with joy?

This new piece of legislation, signed by President Barack Obama, gives you a fresh opportunity to sue your employer for pay discrimination. While the law is multi-layered and complicated -- just like any good piece of legislation -- the outcome of the Lilly Ledbetter Fair Pay Act is simple: if your company pays you less than your male counterpart, you have a 180-day period, which begins with the last discriminatory paycheck you received, to sue the pants off your organization.

We know that nothing solves the problems of working women in America like a complicated lawsuit.

I would never advise you to pass up an opportunity to sue the pants off your company if you are a victim of wage discrimination, however legal action is something I rarely advocate -- unless you really don't have a life ( since in such cases the burden of proof is on YOU, the financial rewards are often relatively low). Most women would rather find a new job than go through the hassle of fighting a company in court. If your day is anything like most working women's, you juggle work with childcare issues, financial stresses, and relationship drama. You can fight to get your kids to do their homework, you can yell at your spouse to put dishes in the dishwasher, or you can fight against the glass ceiling at work and acquire a lawyer. Which one, realistically, would you choose?

Women have come a long way since Rosie the Riveter told us to go to work -- and June Cleaver told us to go back into the kitchen and make some pie -- but American women are still shouldering the burden of unfair and hostile work environments. We are told to further our education, take accountability for our retirement savings, and secure health care coverage for our children and ourselves. We are asked to care for aging parents, find solutions to conflicts in the Middle East, and serve as role models for younger women who are coming up for the workforce.

When we are victims of pay discrimination, the best thing that our Congress can do for us is to pass antiquated and outmoded legislation that appeals to faux populism instead of addressing the real issues women face in the workforce.

You now have the right to find a lawyer and sue your employer for wage discrimination, but the legislation assumes that you can afford a lawyer and you can survive the potentially career-ending move of suing your company. Our Congressional representatives would rather give you an extended and broader opportunity to sue your employer for wage discrimination instead of promoting sweeping legislation that advocates women as equal members of the workforce.

Lilly Ledbetter worked hard for 18 years and will never recoup the wages she was denied for being a woman. The best our government can do is to offer an opportunity to find your own counsel and sue your employer in civil court. We are telling our citizens that, in American, we can't prevent hostile work environments and pay discrimination but we can give you the right to seek punitive damages from a judge and jury.

Aren't you a lucky lady?

Laurie Ruettimann is a writer, speaker, and HR exec with Fortune 500 experience. She blogs at Punk Rock Human Resources.

Laurie Ruettimann is our guest on SG Radio this Sunday, March 15th. The show airs between 10.30 p.m. and midnight. You can listen to SG Radio live from anywhere in the world by going to Indie1031.com and clicking on the Listen Live button.

Members can email Laurie with their employment questions via SG by clicking HERE.

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Comments

kabukikat

New York, NY

December 2006

MAR 14, 2009 07:26 PM

Wow! Thats good to know! Thanks!

Shal

Los Angeles, CA

October 2002

MAR 14, 2009 07:49 PM

This new piece of legislation, signed by President Barack Obama, gives you a fresh opportunity to sue your employer for pay discrimination. While the law is multi-layered and complicated -- just like any good piece of legislation -- the outcome of the Lilly Ledbetter Fair Pay Act is simple: if your company pays you less than your male counterpart, you have a 180-day period, which begins with the last discriminatory paycheck you received, to sue the pants off your organization.

When we are victims of pay discrimination, the best thing that our Congress can do for us is to pass antiquated and outmoded legislation that appeals to faux populism instead of addressing the real issues women face in the workforce.

Um... actually, the Ledbetter Fair Pay Act is in direct response to the Supreme Court Ruling Ledbetter v. Goodyear Tire & Rubber Co., which defined the 180-day-period as "from the first paycheck." It's now defined as "from any paycheck after the discrimination was discovered," thus restoring the intent of the law that was gutted by that 2007 Supreme Court decision. It's a big deal. I'm very curious how this is "antiquated," "outmoded," or "faux populism."

Lilly Ledbetter worked hard for 18 years and will never recoup the wages she was denied for being a woman. The best our government can do is to offer an opportunity to find your own counsel and sue your employer in civil court. We are telling our citizens that, in American, we can't prevent hostile work environments and pay discrimination but we can give you the right to seek punitive damages from a judge and jury.

So, I'm curious. What, exactly, should the federal government do to prevent hostile work environments and pay discrimination aside from passing laws that punish employers who discriminate against women?

MrStitches

Brooklyn, NY

November 2003

MAR 14, 2009 07:55 PM

Shalome said:
So, I'm curious. What, exactly, should the federal government do to prevent hostile work environments and pay discrimination aside from passing laws that punish employers who discriminate against women?

I was wondering the same thing.

Otoki

SUICIDEGIRL

Minnesota, USA

MAR 14, 2009 08:13 PM

This is good news. It struck me as odd that the first unequal paycheck was the starting place of the lawsuit. How many people know what others in their field make in their first two weeks?

Besides that, I wonder how you're supposed to find out what your equals are getting paid. Isn't that a breach of privacy? I really don't know how that works. Please enlighten me.

PunkRockHR

I'm lost

March 2009

MAR 14, 2009 08:14 PM

Shalome said:
Um... actually, the Ledbetter Fair Pay Act is in direct response to the Supreme Court Ruling Ledbetter v. Goodyear Tire & Rubber Co., which defined the 180-day-period as "from the first paycheck." It's now defined as "from any paycheck after the discrimination was discovered," thus restoring the intent of the law that was gutted by that 2007 Supreme Court decision. It's a big deal. I'm very curious how this is "antiquated," "outmoded," or "faux populism."

I think we may be saying the same thing in two different ways. The bill amends the Civil Rights Act of 1964 stating that the 180-day statute of limitations for filing an equal-pay lawsuit regarding pay discrimination resets with each new discriminatory paycheck. [Wikipedia]

I think there are a number of things we can do. We can enforce existing labor laws. We can staff/fund the EEOC properly. We can vote for legislators who will support issues that are core and critical to Americans (and specifically, women): access to health care, access to affordable childcare, and improved schools and educational institutions.

Ledbetter is a fine step, and I'm an ardent supporter of Obama, but your life as a working woman will not be infinitely different with this piece of legislation.