By Fatima Goss Graves, Vice President for Education and Employment, and Kavitha Sivashanker, Fellow, National Women's Law Center
A year ago today, Presid
ent Obama signed the Lilly Ledbetter Fair Pay Act of 2009 (pictured left). The law overturned the disastrous Supreme Court decision in Ledbetter v. Goodyear Tire & Rubber Co.
The Act explicitly provides that "an unlawful employment practice occurs ... when a discriminatory compensation decision or other practice is adopted, when an individual becomes subject to a discriminatory compensation decision or other practice, or when an individual is affected by application of a discriminatory compensation decision or other practice, including each time wages, benefits, or other compensation is paid" as a result of such a practice.
In the past year, courts around the country have implemented the Act as Congress intended for straightforward pay discrimination cases. In cases involving pay discrimination based on sex, race, disability, and age, these courts have recognized that the statute of limitations is renewed with each paycheck marred by discrimination.
But not every plaintiff has had their pay discrimination case restored by the Act, and there are a few thorny implementation issues that have emerged which courts will continue to flesh out. So where do we currently stand with the Ledbetter Act? One year later, our assessment is that while the Ledbetter Act was a true, hard-won victory for women and families, it is only the first step towards addressing pay disparities for women.
s controversial opinion in Citizens United v. FEC during his State of the Union address. Justice Samuel Alito, who joined the majority in Citizens United, expressed frustration during the president's criticism, reportedly mouthing the words "not true."
rom the majority opinion's unprecedented elevation of corporations to equal status with individual citizens in the sphere of political speech. For convenience's sake, the law does periodically describe corporations as "legal persons" and "citizens" of the state in which they are incorporated. But in Citizens United, the majority has taken this legal short-hand literally. In the majority's opinion, courts are no longer permitted to take into consideration elements such as limited liability, perpetual life and preferential tax treatment that distinguish a corporation from an individual citizen when analyzing a corporation's rights, nor are courts are allowed to treat corporations differently from actual persons (as they have been doing since the country's founding.) After Citizens United, the law can no longer look behind the curtain of the corporate form: Citizens United commands that the law pertaining to political speech treat corporations exactly as individual citizens. Simply put, distinctions between corporations and human beings are no longer permissible and limitations on corporations' political speech are unconstitutional.
The jury deliberated for only 37 minutes before delivering their verdict: Scott Roeder is guilty of first degree murder for the slaying of former health care-provider Dr. George Tiller.
's nominee to head the Office of Legal Counsel (OLC) remains mired in the Senate, with 