As so many women have been basking in the glow of the passage of the Lilly Ledbetter Fair Pay Act, the news reports reminded us that even though Lilly has become a standard bearer for the fight for fair pay for women, Lilly herself will never see a nickel of the money that she sued Goodyear Rubber & Tire for.
The Ledbetter law overturned the Supreme Court decision denying Lilly the $360,000+ of back pay and benefits that the trial court had ruled she was entitled to, but the newly signed law isn't retroactive; it only applies to cases going forward. So the 70-year-old, recently widowed Ledbetter, who worked in a tire factory for almost 20 years to support her family, only gets the psychic benefit of knowing she was able to help other women. Hopefully.
But here's the thing -- the appeals court rulings that denied Lilly her back pay were based on a now invalid argument. So, technically, the factual finding by the trial court that Goodyear discriminated against Ledbetter would stand today. Goodyear is steadfast that it didn't do anything wrong, according to a statement Goodyear released following the Ledbetter signing ceremony, making the corporation sound like the victim, not Lilly.
While Goodyear likes to focus on the Supreme Court's decision that it didn't have to pay anything because Lilly didn't file her case under a tortured reading of the existing statute of limitations, Justice Ruth Bader Ginsburg summed up what was really going on in her dissent. Ginsburg, as the lone woman on the court, reminded us of "the insidious way in which women can be victims of pay discrimination."
It's really been bothering me that a corporation like Goodyear that reported profits of $602 million in 2007 (its most current annual SEC filing) most likely spent much more on attorneys' fees than the $360K it could have paid Lilly, trying to convince us it didn't practice gender discrimination. According to its 2007 annual report, Goodyear did, however, pay millions to settle other types of lawsuits. So I thought, wouldn't it be refreshing if Goodyear would do the right thing and pay Lilly Ledbetter the back wages it should have paid her in the first place?
"The Court ... overlooks common characteristics of pay discrimination. Pay disparities often occur, as they did in Ledbetter's case, in small increments; cause to suspect that discrimination is at work develops only over time. Comparative pay information, moreover, is often hidden from the employee's view. Employers may keep under wraps the pay differentials maintained among supervisors, no less the reasons for those differentials. Small initial discrepancies may not be seen as meet for a federal case, particularly when the employee, trying to succeed in a nontraditional environment, is averse to making waves."
If we really want to honor Lilly and what she did for us and for our daughters (and our sons -- they'll benefit from this, as well), I say we should all call on Goodyear to pay Lilly what it should have paid her to begin with. You don't even need an envelope or stamp. Here's a link to the Goodyear site with the names and online form to contact Goodyear's Global and Corporate Communications honchos.
Here's a short letter you can feel free to use:
Now that President Obama has reversed the Supreme Court decision that denied Lilly Ledbetter her $360,000 in back pay, we call on you to do the right thing and pay Lilly what she should have been paid over the course of 20 years. While the new Ledbetter Law is not retroactive, think about all the public goodwill Goodyear would receive in these tough economic times if it stepped up and did the right thing by Lilly.
I know it's a long shot, but sometimes a little shame can go a long way. And given what Lilly did for us, I figured it's the least we can try to do for her.
Joanne Bamberger is a professional writer, political analyst and social media consultant in Washington, D.C. She is the founder of the political blog, PunditMom, and is a Contributing Editor for News & Politics at BlogHer.
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