| Appendix B – Chapter Exercises
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Under the Act, an individual subjected to compensation discrimination under Title VII of the Civil
Rights Act of 1964, the Age Discrimination in Employment Act of 1967, or the Americans with
Disabilities Act of 1990 may file a charge within 180 (or 300) days of any of the following: when a
discriminatory compensation decision or other discriminatory practice affecting compensation is
adopted; when the individual becomes subject to a discriminatory compensation decision or other
discriminatory practice affecting compensation; or when the individual’s compensation is affected by
the application of a discriminatory compensation decision or other discriminatory practice, including
each time the individual receives compensation that is based in whole or part on such compensation
decision or other practice.
The Act has a retroactive effective date of May 28, 2007, and applies to all claims of discriminatory
compensation pending on or after that date.
As of March, 2009, no form of the Paycheck Fairness Act had become law. In 2008, The Fair Pay Act,
was introduced in the Senate by Sen. Tom Harkin (D-IA) and in the House of Representatives by Del.
Eleanor Holmes Norton (D-DC). The bill as written is designed “ to address the problem of lower
wages in female-dominated fields by requiring equal pay between comparable jobs that are
segregated on the basis of sex or race.” It is not clear whether the findings of the policy-capturing
study would indicate illegal discrimination under this legislation?
NOTE: A March 1, 2009 NEW YORK TIMES article by HANNAH FAIRFIELD entitled “Why Is Her
Paycheck Smaller?” drew these conclusions based on the most recent Bureau of Labor Statistics data.
• Nearly every occupation has the gap — the seemingly unbridgeable chasm between the size of
the paycheck brought home by a woman and the larger one earned by a man doing the same
job.
• It doesn’t matter where the job lies on the income spectrum: all but a handful fall below the
bar of equal pay. The percentage gap is about the same for lower-wage workers, like medical
assistants, as it is for higher-wage workers, like physical therapists.