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Lilly Ledbetter Fair Pay Act of 2009

Public Law 111-2 · S. 181 · 111th Congress · began in the Senate

Signed by Barack Obama (D) on Jan 29, 2009 · Civil Rights and Liberties, Minority Issues

Major law

Sponsor: Sen. Barbara Mikulski (D-MD)

Cosponsors (54): Sen. Ted Kennedy,

Passage votesYeaNay

  • HouseRecorded vote: 250 yea, 177 nay250–177
  • SenateRecorded vote: 61 yea, 36 nay61–36
Data notes

The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.

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Summary

The Congressional Research Service’s plain-language summary of what the law does.

Lilly Ledbetter Fair Pay Act of 2009 - Amends the Civil Rights Act of 1964 to declare that an unlawful employment practice occurs when: (1) a discriminatory compensation decision or other practice is adopted; (2) an individual becomes subject to the decision or practice; or (3) an individual is affected by application of the decision or practice, including each time wages, benefits, or other compensation is paid. Allows liability to accrue, and allows an aggrieved person to obtain relief, including recovery of back pay, for up to two years preceding the filing of the charge, where the unlawful employment practices that have occurred during the charge filing period are similar or related to practices that occurred outside the time for filing a charge. Applies the preceding provisions to claims of compensation discrimination under the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973.

Amends the Age Discrimination in Employment Act of 1967 to declare that an unlawful practice occurs when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to the decision or other practice, or when a person is affected by the decision or practice, including each time wages, benefits, or other compensation is paid.

Who voted for it

Every senator of the 111th Congress on the ideology compass. Highlighted: the 61 who voted yea on final passage. Faded: everyone else, including those who voted nay, did not vote, or had not yet taken office.

61 yea36 nay1 present or did not vote

Dimension 2
Economic left–right
More liberalMore conservative

Democrats who voted yea(57)

  • Sen. Bernie SandersD-VT
  • Sen. Sheldon WhitehouseD-RI
  • Sen. Tom HarkinD-IA
  • Sen. Richard DurbinD-IL
  • Sen. Roland BurrisD-IL
  • Sen. Jack ReedD-RI
  • Sen. Sherrod BrownD-OH
  • Sen. Patrick LeahyD-VT
  • Sen. Benjamin CardinD-MD
  • Sen. Daniel AkakaD-HI
  • Sen. Carl LevinD-MI
  • Sen. Frank LautenbergD-NJ
  • Sen. John KerryD-MA
  • Sen. Barbara MikulskiD-MD
  • Sen. Daniel InouyeD-HI
  • Sen. Chuck SchumerD-NY
  • Sen. Edward KaufmanD-DE
  • Sen. Jeff MerkleyD-OR
  • Sen. Tom UdallD-NM
  • Sen. Christopher DoddD-CT
  • Sen. Bob MenendezD-NJ
  • Sen. Debbie StabenowD-MI
  • Sen. Bob CaseyD-PA
  • Sen. Tim JohnsonD-SD
  • Sen. Jay RockefellerD-WV
  • Sen. Barbara BoxerD-CA
  • Sen. Dianne FeinsteinD-CA
  • Sen. Ron WydenD-OR
  • Sen. Harry ReidD-NV
  • Sen. Arlen SpecterR-PA
  • Sen. Jeff BingamanD-NM
  • Sen. Patty MurrayD-WA
  • Sen. Robert ByrdD-WV
  • Sen. Jeanne ShaheenD-NH
  • Sen. Byron DorganD-ND
  • Sen. Maria CantwellD-WA
  • Sen. Kent ConradD-ND
  • Sen. Herb KohlD-WI
  • Sen. Thomas CarperD-DE
  • Sen. Mary LandrieuD-LA
  • Sen. Max BaucusD-MT
  • Sen. Mark BegichD-AK
  • Sen. Mark UdallD-CO
  • Sen. Russell FeingoldD-WI
  • Sen. Bill NelsonD-FL
  • Sen. Mark WarnerD-VA
  • Sen. Jon TesterD-MT
  • Sen. Kay HaganD-NC
  • Sen. Michael BennetD-CO
  • Sen. Joseph LiebermanD-CT
  • Sen. Amy KlobucharD-MN
  • Sen. Mark PryorD-AR
  • Sen. Jim WebbD-VA
  • Sen. Claire McCaskillD-MO
  • Sen. Blanche LincolnD-AR
  • Sen. Evan BayhD-IN
  • Sen. Ben NelsonD-NE

Republicans who voted yea(4)

Data notes

The Senate’s recorded vote on the final version of the law (roll call 14 in Voteview), matched to the vote the record cites and checked against its totals. Positions are each member’s DW-NOMINATE score for that Congress, as on the Ideology page; left to right is more liberal to more conservative. Paired and announced yea votes count as yea. Lists follow the compass, most liberal first. A name links to a profile only for members of the current Congress. A law passed by voice vote or unanimous consent has no member list, and neither does a vote Voteview has not yet recorded.

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Committees

The committees the bill was sent to, and what each did with it.

Data notes

A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.

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Related bills

2 bills the Library of Congress relates to this one.

  • H.R. 11Identical billRelated bill

    To amend title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967, and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973, to …

  • H.Res. 87Procedurally-related

    Providing for consideration of the bill (S. 181) to amend title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967, and to modify the operation of the Americans with Disabilities Ac…

Data notes

Related bills are identified by the Congressional Research Service, the House and the Senate: companion and identical bills, bills with similar text, bills that were folded into this law, and rules that brought it to the floor. A bill that is itself a public law in this site’s data links here; the others link to Congress.gov.

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Timeline

From introduction to signing, newest first: the committees, the floor and the president. 32 actions.

  1. Jan 29, 2009Became lawBecame law · Became Public Law No: 111-2.
  2. Became lawBecame law · Signed by President.
  3. Jan 28, 2009FloorFloor · Presented to President.
  4. Jan 27, 2009FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
  5. FloorFloor · On passage Passed by the Yeas and Nays: 250 - 177 (Roll no. 37).House roll call 37
  6. FloorFloor · On motion to commit Failed by the Yeas and Nays: 176 - 250 (Roll no. 36).House roll call 36
  7. FloorFloor · The previous question on the motion to commit was ordered without objection.
  8. FloorFloor · Floor summary: DEBATE - The House proceeded with ten minutes of debate on the McKeon motion to commit S. 181 to the Committee on Education and Labor.
  9. FloorFloor · Mr. McKeon moved to commit to Education and Labor.
  10. FloorFloor · The previous question was ordered pursuant to the rule.
  11. FloorFloor · DEBATE - The House proceeded with one hour of debate on S. 181.
  12. FloorFloor · Rule provides for consideration of S. 181 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments.
  13. FloorFloor · Considered under the provisions of rule H. Res. 87.
  14. FloorFloor · Rule H. Res. 87 passed House.
  15. OtherOther · Cleared for White House.
  16. Jan 26, 2009FloorFloor · Rules Committee Resolution H. Res. 87 Reported to House. Rule provides for consideration of S. 181 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is clos…
  17. Jan 23, 2009FloorFloor · Message on Senate action sent to the House.
  18. FloorFloor · Held at the desk.
  19. FloorFloor · Received in the House.
  20. Jan 22, 2009FloorFloor · Passed Senate without amendment by Yea-Nay Vote. 61 - 36. Record Vote Number: 14.Senate roll call 14
  21. FloorFloor · Considered by Senate.
  22. Jan 21, 2009FloorFloor · Considered by Senate.
  23. Jan 15, 2009FloorFloor · Measure laid before Senate by motion.
  24. FloorFloor · Motion to proceed to consideration of measure agreed to in Senate by Unanimous Consent.
  25. FloorFloor · Cloture on the motion to proceed to the measure invoked in Senate by Yea-Nay Vote. 72 - 23. Record Vote Number: 4.Senate roll call 4
  26. FloorFloor · Motion to proceed to measure considered in Senate.
  27. Jan 13, 2009FloorFloor · Motion to proceed to consideration of measure withdrawn in Senate.
  28. FloorFloor · Cloture motion on the motion to proceed to the measure presented in Senate.
  29. FloorFloor · Motion to proceed to consideration of measure made in Senate.
  30. Jan 9, 2009CalendarCalendar · Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 14.
Data notes

Every action the Library of Congress lists for the bill, from introduction to signing, plus the dated committee hearings. The source lists many steps twice (the chamber’s own entry and the Library of Congress copy, or a presidential and a became-law entry with the same words); those are shown once. Amendments are listed in their own section.

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Amendments

13 amendments offered to the bill, with the last recorded step of each.

Where each amendment ended up
  • S.Amdt. 37SenateSen. Johnny IsaksonR-GA· offered Jan 22, 2009Rejected

    To limit the application of the Act to claims resulting from discriminatory compensation decisions that are adopted on or after the date of enactment of the Act.

    Jan 22, 2009: Motion to table amendment SA 37 agreed to in Senate by Yea-Nay Vote. 59 - 38. Record Vote Number: 12.

    Rejected
  • S.Amdt. 36SenateSen. John EnsignR-NV· offered Jan 21, 2009No vote recorded

    Jan 21, 2009: Senate amendment submitted

    Offered, no vote recorded
  • S.Amdt. 35SenateSen. Kay HutchisonR-TX· offered Jan 21, 2009No vote recorded

    Jan 21, 2009: Senate amendment submitted

    Offered, no vote recorded
  • S.Amdt. 34SenateSen. David VitterR-LA· offered Jan 21, 2009Rejected

    To preserve open competition and Federal Government neutrality towards the labor relations of Federal Government contractors on Federal and federally funded construction projects.

    Jan 22, 2009: Motion to table amendment SA 34 agreed to in Senate by Yea-Nay Vote. 59 - 38. Record Vote Number: 13.

    Rejected
  • S.Amdt. 33SenateSen. Jim DeMintR-SC· offered Jan 21, 2009No vote recorded

    Jan 21, 2009: Senate amendment submitted

    Offered, no vote recorded
  • S.Amdt. 32SenateSen. Jim DeMintR-SC· offered Jan 21, 2009No vote recorded

    Jan 21, 2009: Senate amendment submitted

    Offered, no vote recorded
  • S.Amdt. 31SenateSen. Jim DeMintR-SC· offered Jan 21, 2009Rejected

    To preserve and protect the free choice of individual employees to form, join, or assist labor organizations, or to refrain from such activities.

    Jan 22, 2009: Motion to table amendment SA 31 agreed to in Senate by Yea-Nay Vote. 66 - 31. Record Vote Number: 11.

    Rejected
  • S.Amdt. 30SenateSen. John EnsignR-NV· offered Jan 21, 2009No vote recorded

    Jan 21, 2009: Senate amendment submitted

    Offered, no vote recorded
  • S.Amdt. 29SenateSen. Michael EnziR-WY· offered Jan 16, 2009Rejected

    To clarify standing.

    Jan 22, 2009: Motion to table amendment SA 29 agreed to in Senate by Voice Vote.

    Rejected
  • S.Amdt. 28SenateSen. Michael EnziR-WY· offered Jan 16, 2009Rejected

    To clarify standing.

    Jan 22, 2009: Motion to table amendment SA 28 agreed to in Senate by Yea-Nay Vote. 55 - 41. Record Vote Number: 10.

    Rejected
  • S.Amdt. 27SenateSen. Arlen SpecterR-PA· offered Jan 15, 2009Rejected

    To limit the application of the bill to discriminatory compensation decisions.

    Jan 22, 2009: Motion to table amendment SA 27 agreed to in Senate by Yea-Nay Vote. 55 - 39. Record Vote Number: 9.

    Rejected
  • S.Amdt. 26SenateSen. Arlen SpecterR-PA· offered Jan 15, 2009Rejected

    To provide a rule of construction.

    Jan 22, 2009: Motion to table amendment SA 26 agreed to in Senate by Yea-Nay Vote. 53 - 43. Record Vote Number: 8.

    Rejected
  • S.Amdt. 25SenateSen. Kay HutchisonR-TX· offered Jan 15, 2009Rejected

    In the nature of a substitute.

    Jan 22, 2009: Amendment SA 25 not agreed to in Senate by Yea-Nay Vote. 40 - 55. Record Vote Number: 7.

    Rejected
Data notes

Amendments offered to this bill in either chamber, as the Library of Congress records them: each with a status read from its last recorded step: agreed to, rejected, withdrawn, ruled out of order, fell with another amendment, or offered with no vote recorded (most Senate amendments are only ever offered). The wording of each amendment is the source’s. Amendments to amendments and amendments to other bills are not listed.

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Official record

The bill’s full text is on Congress.gov. Data through Oct 7, 2026.