Working for the Rights of Every American
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Lilly Ledbetter Fair Pay Act of 2009. In 1998, Lily Ledbetter sued the Goodyear Tire Company claiming pay discrimination under the Civil Rights Act of 1964 and the Equal Pay Act of 1963. At the time of her retirement—after 20 years of work at Goodyear—Ms. Ledbetter received an anonymous note stating that she was being paid significantly less than her male colleagues. She subsequently sought compensation for the disparity in pay she had suffered for many years, and a jury found she had been the victim of gender discrimination and awarded her back pay. When the employer appealed the jury’s findings, the Supreme Court overturned the jury’s findings and ruled that by the time she learned of the comparable salaries, the 180 day time period in which she could file suit under the Civil Rights Act had expired. This ruling ignored the fact that Ledbetter did not find out about the discrimination until twenty years after her first discriminatory paycheck. As Chairman of the Senate Judiciary Committee, Senator Leahy held a hearing and then worked to pass legislation to rectify this injustice, and the Lilly Ledbetter Fair Pay Act was the first legislation signed into law by President Obama.
Age Discrimination. In another recent Supreme Court decision, five justices misinterpreted our laws designed to prohibit discrimination against older workers. Senator Leahy, as Chairman of the Judiciary Committee, presided over a hearing last year with Jack Gross, the plaintiff in that case, to highlight the injustice of his situation and the threat the court’s decision poses in these challenging economic times. Senator Leahy hailed Jack Gross as the next Lilly Ledbetter and is joining with Senator Tom Harkin to pass legislation to reverse the Supreme Court’s latest misinterpretation of our civil rights laws that protect against age discrimination.
Hate Crimes. Last year, The Matthew Shepard Hate Crimes Prevention Act was signed into law by President Obama as a part of the annual Department of Defense Authorization Act. Senator Leahy was a longtime champion of this legislation—a co-sponsor of the bill when it was introduced by the late Senator Kennedy, and the lead sponsor of it when it was added as an amendment to the authorization bill. The legislation extends hate crimes protection to those crimes resulting in physical violence and perpetrated based on the victim’s gender or gender identity, disability, and sexual orientation. It also strengthens federal, state and local resources to combat hate crimes. At Senator Leahy’s urging, the law contains specific carve-outs to protect free speech and religious expression.
After calling the Attorney General to testify before the Judiciary Committee, Senator Leahy observed that violence against members of any group because of who they are threatens the safety of the entire group and must not be tolerated—all Americans deserve to feel safe and protected from harm.
Free Access to Information. Throughout his career in the Senate, one of Senator Leahy’s top priorities has been to improve government openness, making our government work better for the American people. He is the co-author of the Openness Promotes Effectiveness in our National (OPEN) Government Act, which contained the first major reforms to the Freedom of Information Act (FOIA) in more than a decade, and was signed into law by President Bush in 2007. Senator Leahy also authored and championed the OPEN FOIA Act, that requires Congress to clearly and explicitly state its intention to create a statutory exemption to FOIA when it provides for such an exemption in new legislation, ending Congress’ practice of slipping such exemptions in unnoticed. On October 28th, 2009, President Obama signed this bill into law as part of the Department of Homeland Security Appropriations Act.
Senator Leahy was also the 2009 recipient of the Robert Vaughn FOIA Legend Award, the author of the Electronic FOIA Amendments of 1996, and was installed in the Freedom of Information Act Hall of Fame in 1996.
Freedom of the Press. In response to several high profile investigations in which reporters have been threatened with or held in contempt of court for refusing to reveal their confidential sources, Senator Leahy has led efforts to enact federal media shield legislation. He is a co-sponsor of the Free Flow of Information Act, which will help journalists by establishing a balance between national security and maintaining an open flow of information to the press, acknowledging that confidentiality of sources is key to a free press and therefore of critical national interest.
Foreign Libel Lawsuits. Senator Leahy is concerned about the emergence of “libel tourism” wherein libel lawsuits will be brought against American journalists in countries with weak libel protections. Countries such as Indonesia, Australia, Canada, Brazil and England have attracted lawsuits from plaintiffs seeking to attack American journalists for their reporting but cannot do so in the United States thanks to our strong protection of the writers and the press. These lawsuits restrict the range of ideas, topics and investigations that journalists and publishers are willing to cover, dampening free speech and free press in the United States. Libel tourism was the focus of a Judiciary Committee hearing in February called by Senator Leahy.
The Right to Bear Arms. Senator Leahy is a gun owner and has enjoyed target shooting since his college days at St. Michael’s College. Two years ago, Senator Leahy praised the Supreme Court’s decision in District of Columbia v. Heller, which recognized the personal right to bear arms, guaranteed in the Second Amendment of the Constitution, and expressly held for the first time that our Bill of Rights includes this right among its guarantees of individual liberty and freedom.
Immigration. Senator Leahy has called on Congress to enact legislation consistent with our history as a nation of immigrants, and he remains committed to meaningful reform that addresses the wide array of immigration problems facing our nation. A meaningful reform plan must reduce family visa backlogs, define a path that undocumented immigrants must follow to come into lawful status, and address the need for immigrant workers in the future. Such a plan will make us more secure, improve our economy, and reflect our values.
Ag Jobs.In reforming our immigration system, Congress must protect the rights and opportunities of American workers and, at the same time, ensure that our Nation's farmers and employers have the assistance they need. Vermont’s dairy farmers and seasonal employers struggle to find workers in lawful status and authorized to work in the United States. Senator Leahy is committed to helping our farmers.
EB-5. In reforming the immigration system, Senator Leahy believes Congress should expand the opportunities for those who seek to come to America to invest in our communities and create jobs. Senator Leahy has championed the immigrant investor program, called the EB-5 visa, which has been widely utilized to bring investor capital to Vermont businesses. The positive economic effects are extraordinary--each EB-5 investment leads directly to job creation and retention for Vermont workers.
Protecting the Border. Senator Leahy has led efforts to give our law enforcement and homeland protection agencies the tools they need to secure Vermont’s northern border. He has supported the Customs and Border Protection and Border Patrol’s work by increasing staff, and adding and improving facilities—he secured funding for a new CPB port-of-entry on I-91 at Derby Line, as well as new border patrol stations at Cannan and Richford. Senator Leahy also insisted on an all-state minimum for homeland security formula grants, ensuring that Vermont got the funding it needed. He also ensured that the Departments of State and Homeland Security would delay implementation of the Western Hemisphere Travel Initiative, requiring everyone crossing the border to have a passport book or card, until people on both sides of the border were notified and ready for the change.
Development Relief and Education Act for Alien Minors (DREAM Act). Senator Leahy is a strong supporter and co-sponsor of this bipartisan immigration reform legislation which gives immigrants who were brought to the U.S. as minors a path to gain permanent residency if they spend two years in military service or an undergraduate or graduate degree program.
Uniting American Families Act. Senator Leahy is the lead sponsor of the Uniting American Families Act, which would amend the Immigration and Nationality Act to treat the foreign national same-sex partner of a U.S. citizen or lawful permanent resident in the same way that it treats a spouse for family based visas. Currently, the federal definition of marriage in the Defense of Marriage Act prohibits even legally married same-sex partners of legal immigrants from being included in spousal visa provisions. This measure would promote equality under Federal law by recognizing all families for immigration benefits, regardless of sexual orientation. At least 16 countries recognize same-sex couples for immigration purposes: Australia, Belgium, Brazil, Canada, Denmark, Finland, France, Germany, Iceland, Israel, the Netherlands, New Zealand, Norway, South Africa, Sweden and the United Kingdom.
Refugee Rights. Senator Leahy has been a leader in continuing the American tradition of giving refuge to men, women, and children who have been oppressed in their home countries. He has been a tireless supporter of the Vermont Refugee Resettlement Program which has been working to help newly arrived refugees integrate and adapt to life in Vermont. He is a co-sponsor of the Refuge Opportunity Act and the Refugee Protection Act. The Refugee Opportunity Act allows refugees to work overseas for American civil or military authorities without compromising their immigration status here. The Refugee Protection Act eliminates the one-year waiting period for asylum seekers and refugees to apply for a green card, and allows the Secretary of State to designate vulnerable refugee groups for expedited adjudication.