Lawsuit Abuse Reduction Act

Floor Speech

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Ms. DelBENE. Mr. Speaker, this is the final amendment to the bill,
which will not kill the bill or send it back to committee. If adopted,
the bill will immediately proceed to final passage as amended.

The so-called Lawsuit Abuse Reduction Act would turn back the clock
to deter good-faith litigants seeking justice, like women who are
denied equal pay for equal work.

The harmful effects of this bill are not speculative. We know this
bill will undercut important civil rights and equal pay litigation
because it would restore a version of rule 11 that was in effect from
1983 to 1993.

Under the version of rule 11 that this bill would resurrect,
sanctions were disproportionately imposed against plaintiff's in civil
rights and antidiscrimination cases. The old rule's onerous provisions
created a chilling effect on civil rights litigation, created time-
consuming and costly satellite litigation, and gave rise to needless
delay and harassment in the courtroom.

This amendment would ensure the bill's harmful effects do not apply
in cases brought under employment discrimination laws, including laws
to ensure women earn equal pay for equal work.

When President Kennedy signed the Equal Pay Act into law 50 years
ago, women, on average, made 59 cents for every dollar earned by men.
While we have made some progress since then, with women appointed to
the Supreme Court and to executive leadership roles at Fortune 500
companies, we are still nowhere near the goal of equal pay for equal
work.

Just as recently as 2007, the Supreme Court ruled against Lilly
Ledbetter, making it nearly impossible for workers who suffered
discrimination to seek justice.

Because she was prohibited from discussing her salary with coworkers,
Lilly didn't find out she was making significantly less than her male
counterparts until her retirement.

The court ruled that she waited too long to file her lawsuit.
Luckily, in 2009, Congress intervened, passing the Lilly Ledbetter Fair
Pay Act to reverse the Supreme Court's decision.

Unfortunately, stories like this are not unique. Women still make
only 79 cents on the dollar, about 20 percent less take-home pay than
their male counterparts.

That is why it is critical that Congress vote for this amendment: to
ensure women can continue fighting for equal pay at work.

Because equal pay is not just good for women, it is good for
families, businesses, and our economy. When women aren't paid what they
deserve, middle class families and communities pay the price.

Families today rely on women's wages to put food on the table, save
for retirement, and pay for their children's education. It is estimated
that the pay gap costs a woman and her family more than $10,000 in lost
earnings each year, a significant number by any standards.

I recently spoke with a mother of three named Adriana. She told me
that, while working her way through college as a waitress, she had to
approach her manager after discovering her less-experienced male
colleague made more than $1 an hour than she did.

Adriana said she felt lucky that she worked for a small, family-run
business. Otherwise, she might have been too intimidated to ask for
equal pay.

She said it seemed ``criminal and ridiculous'' to pay people unfairly
and that lawmakers should think about their wife, sister, or daughter
and the effect this financial barrier would have on them. I agree. I
hope everyone in this Chamber does as well.

For women seeking justice under employment discrimination laws, the
Lawsuit Abuse Reduction Act would be a disaster.

Women taking on huge corporations with limitless funds and armies of
attorneys will face an uphill battle in court, at best, or may be
completely deterred from even pursuing their day in court.

We have come a long way in expanding opportunities for women, but
there is no question that we have a lot more to do. We cannot create
more barriers to success than women and families already face in
America today.

I urge my colleagues to vote ``yes'' on this motion to recommit and
support the women and families in our communities who we were sent here
to represent.

I yield back the balance of my time.

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