Bill Positions

Bill Number: HB 439

Bill Title: Lilly Ledbetter Fair Pay Act of 2008

Bill Sponsor(s): Delegates Rosenberg, et al.

Subject: Employer Relations

Committee: HGO

Bill Summary: Authorizing the recovery of back pay for up to 2 years preceding the filing of the complaint, where the unlawful employment practice is similar or related to a specified other unlawful employment practice; clarifying that an unlawful employment practice with respect to discrimination in compensation occurs when a specified decision or practice is adopted, when an individual becomes subject to a specified decision or practice, or when an individual is affected by application of a specified decision or practice; etc.

History: None

Chamber Position: Oppose

Position Summary: Within the language of the legislation are undefined terms that could create mischief:what discriminatory practice is “similar or related to” an unlawful practice with regard to compensation; and a practice with regard to compensation (e.g. broad enough to include a bad evaluation, a failure to promote).

The legislation could permit an individual to bring a claim today for bad evaluations or a failure to be promoted years ago simply because of the continuing effects on pay of the past violation.

For these reasons, the Maryland Chamber of Commerce opposes this bill at this time.

Position Statement: Click here to download a pdf version of the Maryland Chamber's position statement.

Chamber Staff: Allyson Black

General Assembly: Click here to view the bill on the Maryland General Assembly's website.