Equal Pay Day is This Week
Delicious
Digg
StumbleUpon
Facebook
GoogleEqual Pay Day, a public awareness event to illustrate the gap between men's and women's wages, will take place this week. As many of you already know, this year, each of us has a unique opportunity to take action and a make a meaningful difference in the fight for fair pay.
The U.S. Senate is expected to vote on the Fair Pay Restoration Act as early as Wednesday, April 23. This critical legislation will restore important civil rights protections for ordinary American workers that were lost as a result of the Supreme Court's decision in Ledbetter v. Goodyear Tire & Rubber. As this important vote approaches, MomsRising, Alliance for Justice, and hundreds of other organizations from across the nation will be calling on the Senate to pass this bill and restore the protections the Supreme Court denied to Lilly Ledbetter. As Justice Ginsburg stated in her dissent in the case, "Once again, the ball is in Congress' court. As in 1991, the Legislature may act to correct this Court's parsimonious reading of Title VII."
To learn more about Lilly Ledbetter and the Fair Pay Restoration Act, check out the great video featured on our home page.
Women shouldn't be discriminated against simply because they are mothers... but they are! Read about true experiences of American mothers, and learn how shared problems can be solved. Members can download the first chapter of the book today.
appellate sua sponte dismissal under Rule 12(b)(6)
Hi,
I am a member of MonsRising and supported Lily Ledbetter Fair Pay Act. I went to senator Kennedy office this year to address my opinions. Ledbetter lose her case because her attorney did not argue on discovery rule, and because the unfair pay had been secret for so long.
Now I am respectfully asking your support to my own case.
My discrimination case went to the state court (MA). The low court dismissed my case for a pending action in the federal court. The state appeal court ruled that the low court erred by dismissing my case. However, the appeal court did not remand the case back to the low court. Instead, they voluntarily (sua sponte) dismissed my for "failure to state a claim", although the issue of "failure to state a claim" had never been raised in the low court. The appeal court's decision can be subjected to appellate sua sponte (voluntarily) dismissal under Rule 12(b)(6), which had never occurred in US history. Accordingly, I appealed to the state Supreme Court.
Now, if I could ask your help to urge the Supreme Court to review my case. Even low-court sua sponte dismissal under Rule 12(b)(6) is very rare and had never assed judgment in the appeal court. Federal court allowed low-court sua sponte dismissal under 12(b)(6), but only if the plaintiff had been proffered an opportunity to amend the complaint. I was not allowed to amend my complaint, but also the sua sponte dismissal directly occurred in upper court. Thus, I was deprived my right to appeal, and any process in the Supreme Court is not a matter of right.
The appellate sua sponte dismissal is inconsistent with the fundamental principal of due process. I respectfully ask if you could sign my public petition online please
http://www.petitiononline.com/yong/ to urge the supreme court review my case.
Please feel free to forward my email to anyone will to sign my petition.
Thank you very much.
Yong Li
Against the Lilly Ledbetter and Fair Pay Restoration Act
As a mother and HR Executive, I am against voting yes on this act. The Supreme Court ruling stated that women must bring their claim within 6 months of becoming aware of the alleged wrong-doing, rather than the previous window of 2 years.
I am very supportive of reducing the window. Once you are aware of an issue, it should be immediately addressed through your chain of command or HR department. Remember, it’s not 6 months from the act, but 6 months from becoming aware of it. This is very reasonable.
Women have the right to be paid fairly, but they also have the responsibility to stand up from themselves. Government alone cannot make this right – we must. Sitting on knowledge of discrimination for 2 years should be violation in and of itself. In addition, it raises the likelihood of invalid claims draining the government of valuable funds and increasing our taxes. Thus- we make even less money and education cost for our children rise.
Think about it. Are women so weak that we can’t stand up for ourselves and our fellow female co-workers within 6 months of awareness?
Post new comment