Fair Pay Act of 2008 - Amends the Civil Rights Act of 1964 to declare that an unlawful employment practice occurs when the aggrieved person knew or should have known that the person was affected by the discriminatory compensation decision or other practice involved. Applies that amendment 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 the aggrieved person knew or should have known that the person was affected by the discriminatory compensation decision or other practice involved.
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S. 2945 Introduced in Senate (IS)]
110th CONGRESS
2d Session
S. 2945
To amend title VII of the Civil Rights Act of 1964, to clarify that a
discriminatory compensation decision or other practice occurs on the
date on which the aggrieved person knew or should have known that the
person was affected by the decision or practice, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 30, 2008
Mr. Voinovich introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend title VII of the Civil Rights Act of 1964, to clarify that a
discriminatory compensation decision or other practice occurs on the
date on which the aggrieved person knew or should have known that the
person was affected by the decision or practice, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Pay Act of 2008''.
SEC. 2. DISCRIMINATION IN COMPENSATION BECAUSE OF RACE, COLOR,
RELIGION, SEX, OR NATIONAL ORIGIN.
Section 706(e) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
5(e)) is amended by adding at the end the following:
``(3) For purposes of this section, an unlawful employment practice
occurs, with respect to discrimination in compensation in violation of
this title, on the date on which the aggrieved person knew or should
have known that the person was affected by application of the
discriminatory compensation decision or other practice involved.''.
SEC. 3. DISCRIMINATION IN COMPENSATION BECAUSE OF AGE.
Section 7(d) of the Age Discrimination in Employment Act of 1967
(29 U.S.C. 626(d)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by striking ``(d)'' and inserting ``(d)(1)'';
(3) in the third sentence, by striking ``Upon'' and
inserting the following:
``(2) Upon''; and
(4) by adding at the end the following:
``(3) For purposes of this section, an unlawful practice occurs,
with respect to discrimination in compensation in violation of this
Act, on the date on which the aggrieved person knew or should have
known that the person was affected by application of the discriminatory
compensation decision or other practice involved.''.
SEC. 4. APPLICATION TO OTHER LAWS.
(a) Americans With Disabilities Act of 1990.--The amendment made by
section 2 shall apply to claims of discrimination in compensation
brought under title I and section 503 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12111 et seq., 12203), pursuant to
section 107(a) of such Act (42 U.S.C. 12117(a)), which adopts the
powers, remedies, and procedures set forth in section 706 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-5).
(b) Rehabilitation Act of 1973.--The amendments made by section 2
shall apply to claims of discrimination in compensation brought under
sections 501 and 504 of the Rehabilitation Act of 1973 (29 U.S.C. 791,
794), pursuant to--
(1) sections 501(g) and 504(d) of such Act (29 U.S.C.
791(g), 794(d)), respectively, which adopt the standards
applied under title I of the Americans with Disabilities Act of
1990 for determining whether a violation has occurred in a
complaint alleging employment discrimination; and
(2) paragraphs (1) and (2) of section 505(a) of such Act
(29 U.S.C. 794a(a)) (as amended by subsection (c)).
(c) Conforming Amendments.--
(1) Rehabilitation act of 1973.--Section 505(a) of the
Rehabilitation Act of 1973 (29 U.S.C. 794a(a)) is amended--
(A) in paragraph (1), by inserting after ``(42
U.S.C. 2000e-5 (f) through (k))'' the following: ``(and
the application of section 706(e)(3) (42 U.S.C. 2000e-
5(e)(3)) to claims of discrimination in
compensation)''; and
(B) in paragraph (2), by inserting after ``1964''
the following: ``(42 U.S.C. 2000d et seq.) (and in
subsection (e)(3) of section 706 of such Act (42 U.S.C.
2000e-5), applied to claims of discrimination in
compensation)''.
(2) Civil rights act of 1964.--Section 717 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-16) is amended by adding at
the end the following:
``(f) Section 706(e)(3) shall apply to complaints of discrimination
in compensation under this section.''.
(3) Age discrimination in employment act of 1967.--Section
15(f) of the Age Discrimination in Employment Act of 1967 (29
U.S.C. 633a(f)) is amended by striking ``of section'' and
inserting ``of sections 7(d)(3) and''.
SEC. 5. EFFECTIVE DATE.
This Act, and the amendments made by this Act, take effect as if
enacted on May 28, 2007 and apply to all claims of discrimination in
compensation under title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.), the Age Discrimination in Employment Act of 1967 (29
U.S.C. 621 et seq.), title I and section 503 of the Americans with
Disabilities Act of 1990, and sections 501 and 504 of the
Rehabilitation Act of 1973, that are pending on or after that date.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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