As a result of the first bill signed by President Obama, women finally have a much greater chance of receiving pay that is equal to what men receive for the same work from an employer. However, it is still likely to require the filing of numerous lawsuits before employers come to grips with the fact that they can no longer get away with paying less money to women.

On January 29, 2009, President Obama signed into law, the Lilly Ledbetter Fair Pay Act of 2009, the first bill signed into law by the President paving the way for these lawsuits to require that equal pay be given to women, by way of seeking back pay awards for the difference they were paid and what men were paid for the same work.

If you have been discriminated against in your employment in California by receiving less pay for the same work performed by persons of the other gender, even though the statute of limitations has been extended by this Act, you still need to speak with a women’s rights lawyer or an employment attorney as soon as possible.

If you are a woman and you’ve been receiving less pay than men are receiving for the same work from the same employer, visit our website at http://www.sebastiangibsonlaw.com and call us at any of the numbers easily found on our website.

Prior to the Act becoming law, as a result of a Supreme Court ruling, women were required to file suit within 180 days after first being paid unfairly, even if the discrimination of being paid less than male workers in the same jobs continued.

And if a woman failed to discover that male workers were being paid more for the same work, a woman still could not hold her employer accountable if she didn’t learn of the unfairness and take action within 180 days of first being paid the lesser rate.

Under the Fair Pay Act of 2009 signed into law by President Obama, the statute of limitations of 180 days starts with each discriminatory paycheck, rather than when the employer starts to discriminate. So long as a woman in CA files her claim within 180 days of receiving any discriminatory paycheck, not just the first one, she is considered timely in bringing her claim.

An important aspect of the Act is that the effective date of the Act is retroactively set at May 28, 2007, which will allow it to apply to all compensation discrimination claims that have been filed on or after that date.

Women can sue for back pay awards for up to two years before she files her employment discrimination claim under Title VII of the Civil Rights Act of 1964. The Fair Pay Act of 2009 does not change the two-year back pay limit.

The Fair Pay Act is a major victory for women in California who have long been discriminated against in the pay they receive for the same work that men perform and are paid substantially more in many places. It has been determined that women have been earning only 77 cents for every dollar a man earns. This Act will likely go a long way in addressing that unfairness, although it will likely require a good many lawsuits to hammer this home to employers who discriminate against women in their pay guidelines.

With the signing of this Act into law, initial victories in CA against an employer will likely lead to settlement of other lawsuits for co-employees who have been discriminated against in the same manner by the same employer.

Those who would say that the Act will lead to the employment of less women in such positions by employers fearful of such lawsuits simply don’t understand the anti-discrimination laws in this country and the greater risk employers would be taking if they adopted such a discriminatory stance in their hiring practices.

Even with the retroactive effect of the Act, employers in California may be slow to increase the salaries and hourly rates of their women employees until lawsuits begin to fly. Employers who have previously gotten away with discriminating against women in CA may only react in more numbers when they begin to feel the full weight of the law themselves or see large judgements against other employers who have discriminated against women.

Visit our website at http://www.sebastiangibsonlaw.com and call us if you have been discriminated in your pay from an employer in California based on your being a woman, compared with the pay received by men for the same work

The votes in favor of the bill in the Senate included every Democratic senator except Senator Edward Kennedy who was absent because of his health, and all four Republican women senators. Every Republican male senator except Arlen Spector voted against it. If that won’t come back to haunt the Republicans in the next election, it is hard to imagine what else they will do to alienate themselves more from the women’s vote.

Under the Act, an unlawful practice occurs when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to the decision or practice, or when a person is affected by the decision or practice, including each time wages, benefits or other compensation is paid.

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Visit our website at http://www.sebastiangibsonlaw.com if you have an employment discrimination case involving unequal pay due to your gender in California. We have the knowledge and resources to represent you as your California Women’s Rights Lawyer and California Women’s Rights Attorney for back pay resulting from discriminatory compensation by employers in San Diego, Orange County, Palm Springs and Palm Desert, Long Beach, Santa Barbara, Santa Ana, Anaheim, Irvine, Huntington Beach, Newport Beach, Carlsbad, Oceanside, Los Angeles, Riverside, San Bernardino, Ontario, Rancho Cucamonga, Apple Valley, Santa Monica, Ventura, El Centro or anywhere in Southern California.

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A thought occurred to me after reading the article “The other side of it” in yesterday’s paper, it was how hard women have to try even to be considered equal and then have society slapping them in the face for it. Why does a woman have to justify herself when she even compares herself to a man? This question has dogged me to no end and the worst part is other women criticise them too. When a man puts his career ahead of his family no questions are asked as he is termed to be focussed in life and when a woman does it she is considered negligent. To support this argument of course Indian Culture is used as we Indians have this strong cultural fabric which separates us from the rest of the world (read the west). Give it a rest already; the claim over moral superiority is a farce to say the least.

The first question that comes to mind is that who defined these roles to specific genders? We respect our women so we deny them rights and independence and keep them locked up in our houses to take care of the children and wash clothes, Is that not what women are supposed to do in the first place? Why don’t women have an equal right to do in life as they choose without the burden of society on their society like most men enjoy currently. Granted that the most important person in a child’s life is his/her mother but why can’t fathers take equal responsibility of the children or share household chores. What is so unholy or wrong in that, it surely is not a crime to do that but for women to think that way is I suppose.

Women are being taught to be independent and made to believe that they are the better sex, which is such a juvenile thought in itself. We still live in a society where a male child is more celebrated, dowry still exists, domestic violence is rampant and thanks to sonograms there are lesser women compared to men. I do not see anybody objecting to that side because it is sadly an accepted fact. A woman has to try so hard to be respected in what were considered to be exclusively male domains, why if it were not for a few brave women who faced and braved being socially ostracised then women would not have had the courage to go to schools and universities, having an education was also an act of defiance. After watching a few television commercials and shows there is a consensus that women are forgetting family values and their children. Have there been any fathers around who have been accused of that anytime of their lives? Daddy is the one who is supposed to work while mummy cooks and cleans at home, God forbid that situation changes even if it is only a very minute percent of people being represented there.

Role reversal, what kind of role reversal has there been? Men still control most of society and most laws are made to favour men (apart form the complaints made about unfair laws such as the domestic violence and prevention of dowry). Women are subject to such a huge amount of scrutiny when they even think of wavering from the path induced by generations of male dominance. Women are not the better sex but they have to do everything better and work a lot harder even to get noticed. Whenever anything is spoken in support of women there are exceptions quoted to the contrary, well there are exceptions quoted even for murder cases so do few examples change the nature of taking somebody’s life? For every Indira Nooyi there are thousands of women who encounter the glass ceiling. So when one woman has a man doing household chores all women are blamed for being insolent and forgetting their values.

That sounds very hypocritical as men are not subject to half the criticism women get for trying to change things, is it so wrong to expect fathers to be an equal part of a child’s life as their mother? Women are trusted to keep a family together, a woman makes a home what it is, it is a woman’s job to make a house a home. Why can’t men help in making that house a home as well? The fact is women are far from equal even in today’s world, lot of men and women will disagree with that and again quite exceptions, which may be counted on fingertips. Does that not say a lot about the so many other women and girls who still face problems when they want to exercise their independence? Boys are still preferred to girls, still get priority when it comes to education, do not have to get married before 25 or 26 and are not questioned about spending more time working than with family. Until there is equal sharing of the load and women are given equal right and not just in theory but practically, there have to be exceptions to the rule to inspire women to get to that status. The attitude, arrogance and insolence are just an urban legend till that day arrives. Let them be equal then complain about the problems associated with that.

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About Author

M.A Mass Communication from the University of Hyderabad and a freelance writer for MetroMela magazine and Channel 6 magazine Hyderabad. India.