this amendment provides that: Nothing in this Act or any amendment by the act shall be construed to prohibit a party from asserting a defense based on waiver of a right, or an estoppel or laches doctrine. This amendment goes to the issue of giving the employers a fair opportunity for offering a defense. I have long supported equal pay for women. I have long supported breaking the glass ceiling as a matter of equitable fairness. In my book, ``Passion For Truth,'' I wrote almost a decade ago: The majority in a democracy can take care of itself while individuals and minorities often cannot. Moreover, our history has demonstrated that the majority benefits when equality helps minorities become part of the majority. Last Congress I cosponsored two bills dealing with equal pay. I cosponsored the Fair Pay Restoration Act with Senator Kennedy and the title VII Fairness Act with Senator Hutchison. Earlier today I voted with Senator Hutchison, which would have started the tolling of the statute of limitations when the employee knew or should have known. The availability of the defense is very important. What the amendment does is to incorporate the language in the dissent of Justice Ginsburg in the Ledbetter case, where Justice Ginsburg pointed out that: Allowing employees to challenge discrimination that extends over long periods of time into the charge-filing period . . . does not leave employers defenseless against unreasonable or prejudicial delay.…
Arlen Specter: “this amendment provides that: Nothing in this Act or any amendment by the act shall be construed to prohibit a party…”
Editor's note · Context
Discussing an amendment related to employee rights and defenses against discrimination claims.
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