Ted Kaufman on Jobs Democratic Senate-Appointee

Ban discriminatory compensation; allow 2 years to sue.

Amends the Civil Rights Act of 1964 to declare that an unlawful employment practice occurs when:
1. a discriminatory compensation decision or other practice is adopted;
2. an individual becomes subject to the decision or practice; or
3. an individual is affected by application of the decision or practice, including each time wages, benefits, or other compensation is paid.

[Note: A woman named Lilly Ledbetter filed a lawsuit for gender-based discriminatory compensation. The Supreme Court ruled that Ms. Ledbetter could only sue for damages going back 180 days, and the 180 days was calculated from the time her employment contract was initiated, i.e., her hire date. This new law changes the 180-day period to two years, and also calculates the date from the time of each paycheck, rather than the hire date. -- Ed.]

Stronger enforcement against gender-based pay discrimination.

A bill to amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex.
• Revises the exception to the prohibition for a wage rate differential based on any other factor other than sex. Limits such factors to bona fide factors, such as education, training, or experience.
• Prohibits employer retaliation for inquiring about, discussing, or disclosing the wages of the employee in response to a sex discrimination investigation.
• Makes employers who violate sex discrimination prohibitions liable in a civil action for either compensatory or punitive damages.
• States that any action brought to enforce the prohibition against sex discrimination may be maintained as a class action in which individuals may be joined as party plaintiffs without their written consent.