Equal Pay for Equal Work—Ginsburg joins the fight from behind the bench.
Ginsburg had argued for equal rights for women as an attorney. As a Justice, she argued just as eloquently from behind the bench, even setting the stage for groundbreaking legislation. In Ledbetter v. Goodyear Tire & Rubber Co., Lily Ledbetter sued her employer for what she alleged was discriminatory pay. Though she started out at the same salary as her male coworkers, by the end of their tenure at Goodyear, she made thousands less a year than other men at her job. Ledbetter claimed this was because of discriminatory employee evaluations and sued Goodyear based on Title VII of the Civil Rights Act of 1964, which holds that covered employers can’t discriminate on the basis of gender, and the Equal Pay Act.
The case hinged on whether Ledbetter had the right to sue years after the alleged discrimination took place. The 5-4 majority held that she didn’t file her claim in a timely manner. But Ginsburg and three of her colleagues disagreed. In her 2007 dissent, which she read from the bench (a rare move for any justice), she argued that the Civil Rights Act’s 180-day time limit shouldn’t apply in the case of discriminatory pay since gender-based discrimination can happen gradually. “A worker knows immediately if she is denied a promotion or transfer,” said Ginsburg. “Compensation disparities, in contrast, are often hidden from sight.”
This “cramped” interpretation of the law, she argued, was incompatible with the law’s purpose. “The ball is in Congress’ court.” Congress took up Ginsburg’s battle cry. In 2009, President Obama signed the Lily Ledbetter Fair Pay Act, which amended the Civil Rights Act of 1964 to reset the statute of limitations on equal-pay lawsuits with every paycheck.
Ginsburg stood firm on a woman’s right to choose.
Throughout her time on the Supreme Court, Ginsburg stood firm on a woman’s right to have an abortion. In her 2016 concurrence to the Whole Women’s Health v. Hellerstedt opinion, in which the Court ruled that Texas cannot restrict abortion services that unduly burden women who seek an abortion, she delivered a rousing defense of a woman’s right to choose.
She did so alone. No other justice signed on to her concurrence, in which she wrote that “many medical procedures, including childbirth,” are far more dangerous than abortion and said that the Texas law restricting abortions was “beyond rational belief.” The law “cannot survive judicial inspection,” she wrote in the scathing document. The verdict was seen as a victory for women’s reproductive rights, and another example of Ginsburg’s staunch defense of women.