On the recordJanuary 22, 2009
I am in opposition to S. 181, the Lilly Ledbetter Fair Pay Act, and reinforce my support for Senator Hutchison's alternative, S. 166 and amendment No. 25, the title VII Fairness Act. What we are told by the other side of the aisle is that the Lilly Ledbetter Fair Pay Act is about protecting the right of employees who may not know they have been discriminated against. But in reality, this bill represents a tremendous burden on employers and a boon for trial lawyers across the country. It is an overly broad and cumbersome approach, essentially eliminating the statute of limitations. Senator Hutchison's alternative, on the other hand, takes a measured approach and applies a targeted remedy by allowing claimants to bring suit within the statute of limitations, which runs from the time they should be expected to have enough information to support a reasonable suspicion that they are being discriminated against. The rationale for statutes of limitation is to ensure fairness and balance--balance between access to the courts for aggrieved parties while allowing certainty for those who may be called to defend themselves.
Source
govinfo.gov




