This Comment argues the Lilly Ledbetter Fair Pay Act’s consequences will be minimally felt, so long as the Act is narrowly construed. The Comment suggests congressional action was appropriate after the Supreme Court’s Ledbetter decision and discusses the political and legislative debate leading to the Act. In addition, the Comment analyzes the Act in application, exploring its meaning, implications, and function. The Comment argues that the concerns and consequences arising from the enactment of the Act can be alleviated and avoided by a narrow interpretation of its amendment to Title VII of the Civil Rights Act. Finally, the Comment recommends a narrow interpretation of the Act that will ensure that employment-litigation rates will not drastically increase, will solve the problems posed by current paycheck schemes, and will finally realize fair pay for all Americans.
Megan Coluccio, Fait Accompli?: Where the Supreme Court and Equal Pay Meet a Narrow Legislative Override under the Lilly Ledbetter Fair Pay Act, 34 SEATTLE U. L. REV. 235 (2010).