Lilly Ledbetter Fair Pay Act of 2009 - Legislative History

Legislative History

The bill (H.R. 2831 and S. 1843) was defeated in April 2008 by Republicans in the Senate who cited the possibility of frivolous lawsuits in their opposition of the bill and criticized Democrats for refusing to allow compromises.

The bill was re-introduced in the 111th Congress (as H.R. 11 and S. 181) in January 2009. It passed in the House of Representatives with 250 votes in support and 177 against. The vote was split along party lines, with three Republicans voting in favor (Ed Whitfield of Kentucky, and Leonard Lance and Chris Smith both of New Jersey) and five Democrats voting against (Travis Childers of Mississippi, Dan Boren of Oklahoma, Allen Boyd of Florida, Parker Griffith of Virginia, and Bobby Bright of Alabama). The Senate voted 72 to 23 to invoke cloture on S. 181 on January 15, 2009. The Lilly Ledbetter Fair Pay Act passed the Senate, 61-36, on January 22, 2009. Those in favor included every Democratic senator (except Edward Kennedy of Massachusetts, who was absent from the vote because of health issues), two independents who caucused with Democrats, and five Republican senators - Arlen Specter of Pennsylvania, Susan Collins and Olympia Snowe of Maine, Kay Bailey Hutchison of Texas, and Lisa Murkowski of Alaska. Specter later switch to the Democrats; the others include all female Republican Senators.

President Obama actively supported the bill. The official White House blog said:

President Obama has long championed this bill and Lilly Ledbetter's cause, and by signing it into law, he will ensure that women like Ms. Ledbetter and other victims of pay discrimination can effectively challenge unequal pay.

House Majority Leader Steny Hoyer announced that the House would vote on S.181 (the bill passed by the Senate) during the week of January 26, getting the bill to President Obama's desk sooner rather than later. On January 27, the House passed S.181 by a 250-177 margin.

On January 29, 2009, Obama signed the bill into law. It was the first act he signed as president, and it fulfilled his campaign pledge to nullify Ledbetter v. Goodyear. However, by signing it only two days after it was passed by the House, he incurred criticism by newspapers, such as the St. Petersburg Times which mentioned his campaign promise to give the public five days of notice to comment on legislation before he signed it. The White House through a spokesman answered that they would be "implementing this policy in full soon", and that currently they were "working through implementation procedures and some initial issues with the congressional calendar".

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