Leahy Panel Hears Testimony On Equal Pay For Equal Work
Lilly Ledbetter Testifies Before Senate Judiciary Committee
WASHINGTON
(Tuesday, September 23, 2008) – Senate Judiciary Committee Chairman
Patrick Leahy (D-Vt.) Tuesday morning chaired the third in a series
of hearings to examine the impact of court decisions on the lives of
all Americans. Lilly Ledbetter, a champion for equal pay,
appeared before the panel, and offered compelling testimony about
her own case in which a 5-4 Supreme Court decision overruled a pay
discrimination case Ledbetter filed against her employer, Goodyear
Tire.
Just weeks before her retirement, Ledbetter
discovered an anonymous note indicating that her employer had been
paying her significantly less than male coworkers with the same
position. A 2007 decision by the Supreme Court overruled a
jury verdict that found that Ledbetter had been deprived of over
$200,000 in pay, and ordered Goodyear Tire to pay her additional
damages for the misconduct.
“When corporations discriminate against women
paycheck after paycheck, it should not be tolerated,” Leahy said.
“The civil rights protections enacted by Congress must be made real
by enforcement. That means equal pay for equal work.”
The Ledbetter decision is just one of several
recent Supreme Court decisions that have favored big businesses over
individuals. In June, Leahy
chaired a hearing examining the Supreme Court decision in
Riegel v. Medtronic, where the Supreme Court found that claims
by individuals injured by faulty medical devices manufactured by
Medtronic are preempted. In July, Leahy chaired a
second hearing to look at the impact of the Supreme Court’s
decision in Exxon v. Baker on the citizens, consumers, and
businesses affected by the 1989 Exxon Valdez oil spill.
In August, Leahy filed an
amicus brief in an upcoming case that will be argued before the
Supreme Court, Wyeth v. Diana Levine. Wyeth is
challenging a jury’s decision to award Vermont musician Diana
Levine damages for the administration of a Wyeth-manufactured
narcotic that resulted in the amputation of Levine’s arm. The
case will be heard by the Supreme Court on November 3 and could
impact the millions of Americans who take pharmaceutical drugs.
The full text of Leahy’s prepared remarks follows.
To watch the hearing live online and to read witness testimony,
visit the Senate Judiciary Committee’s
new website.
# # # # #
Statement of Chairman Patrick
Leahy
Senate Judiciary Committee
“Barriers to Justice:
Equal Pay for Examining Equal Pay for Equal Work”
September 23, 2008
This is another in a series of hearings we have
held highlighting how court decisions affect Americans' everyday
lives. Today, in addition to the Supreme Court, we will examine the
importance of the Federal Courts of Appeal, since the Supreme Court
hears only about 75 cases per year.
Equal pay for equal work should be a given in this
country. Unfortunately, the reality is still far from this
basic principle. As Jill Biden reminded us all recently,
American women still earn only 77 cents for every dollar earned by a
male counterpart and that decreases to 62 cents on the dollar for
African-American women and just 53 cents on the dollar for
Hispanic-American women. She is right to say that equal pay is not
just a women’s issue, it is a family issue.
I am pleased to welcome to today’s hearing a brave
woman who is a champion for equal pay. Lilly Ledbetter
embodies the classic American story. She was a working mother
in a Goodyear Tire plant. After decades of service, she
learned through an anonymous note that her employer had been
discriminating against her for years. She was repeatedly
deprived of equal pay for equal work. That affected her
family, and this discrimination continues to affect her retirement
benefits.
A jury of her peers found that Lilly Ledbetter had
been deprived of over $200,000 in pay, and ordered the corporation
to pay her additional damages for their blatant misconduct.
Incredibly, the United States Supreme Court overturned her jury
verdict, created a bizarre interpretation of our civil rights laws,
and ignored the realities of the American workplace. Ms.
Ledbetter’s employer, Goodyear Tire, will never be held accountable
for its illegal actions. The Court's ruling sends a signal to
other corporations that they too can discriminate with impunity, so
long as they keep their illegal actions hidden long enough.
The current Supreme Court seems increasingly
willing to overturn juries who heard the factual evidence and
decided the case. In employment discrimination cases,
statistics show that the Federal Courts of Appeal are five times
more likely to overturn an employee’s favorable trial verdict
against her employer than they are to overturn a verdict in favor of
the corporation. That is a startling disparity for those of us
who expect employees and employers to be treated fairly by the
judges sitting on our appellate courts.
Set to be argued before the Supreme Court this
fall are several more cases affecting women whose very livelihoods
hang in the balance. In addition to cases involving domestic
violence protections and Title IX, they will consider cases that
involve: (1) whether retired employees should be penalized for leave
they took related to their pregnancies; (2) whether a
children’s musician who had her arm amputated has any right to
recover against the drug company who caused her injury; and (3)
whether an employee asked to participate in an internal sexual
harassment investigation could be fired for simply reporting sexual
harassment in her workplace.
When corporations discriminate against women
paycheck after paycheck, it should not be tolerated. The civil
rights protections enacted by Congress must be made real by
enforcement. That means equal pay for equal work.
Our courts are an essential mechanism to enforce
the civil rights laws that Congress has passed – laws that protect
women, the elderly, minorities, and the disabled. Those laws
are reduced to hollow words on a page if judges issue rulings like
the one rendered by the Supreme Court in Lilly Ledbetter’s case.
A few months ago when the Senate tried to correct
the Supreme Court’s unjust decision in the Ledbetter case, we fell
just a few votes short of breaking through the Republican filibuster
of that legislation. A senior Republican Senator who was not
present for the vote, and who thus effectively supported the
filibuster, claimed that the real problem is not discrimination, but
that women just need more training. For those of us who know
that women are more educated and better trained than ever before,
this was a surprising perspective. Despite their training
women still receive only 77 cents for every dollar men make for the
same work. I hope that today’s hearing will be a chance to
recognize the realities of the American workplace, the importance of
fairness and the indispensible role that our Federal courts play
making sure that all Americans receive equal pay for equal work.
As the economy continues to worsen, many Americans
are struggling to put food on the table, gas in their cars, and
money in their retirement funds. It is sad that recent decisions
handed down by the Supreme Court and Federal appellate courts have
contributed to the financial struggles of so many women and their
families.
# # # # #