President Obama Expected to Sign the Lilly Ledbetter Fair Pay Act of 2009 Today or Tomorrow

On January 27, 2009, the House passed the Lilly Ledbetter Fair Pay Act of 2009 (which was passed in the Senate as S. 181 on January 22, 2009), clearing the way for President Obama to sign the legislation into law, which is expected to occur today or tomorrow. This new law will eliminate many statute of limitations defenses to pay discrimination claims, including defenses that have proven effective in defeating class certification of pattern or practice pay discrimination claims. In light of this legislative development, plaintiffs' lawyers are likely to have renewed optimism about pay discrimination claims, leading to more frequent filings and class actions. The new law will allow plaintiffs to revive previously time-barred claims and the publicity around the legislation likely will encourage some employees who had not previously considered bringing pay discrimination claims to do so.

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