Op-ed: This Equal Pay Day, We Continue Lilly Ledbetter's Fight for Equality

Equal Pay Day is a time to reflect on the progress we’ve made and the battles still ahead in the fight for justice and equality. Few figures embody this struggle more than Lilly Ledbetter, whose relentless pursuit of fair pay reshaped workplace rights in America. With growing threats to equal pay, workplace protections, and access to justice, we must remain vigilant in defending the rights that allow individuals—especially women—to challenge discrimination and demand fairness. At the heart of this fight is the fundamental right to a fair trial, protected by the 7th Amendment, which ensures that those facing injustice have the power to seek amends through the courts.
 
Before the Lilly Ledbetter Fair Pay Act made legislative history in 2009, its namesake challenged her employer’s unequal pay practices in court. In 2003, Ledbetter brought a lawsuit against Goodyear Tire & Rubber Company for its discriminatory pay practices. Ledbetter began working at Goodyear in 1979 as a supervisor in the company's human resources department. After more than 20 years with her employer, an anonymous note led her to discover that she’d been paid significantly less than her male counterparts throughout her career. She decided to take action, and with trial lawyers at her side, she took Goodyear to court for claims that they had violated the Equal Pay Act of 1963.
 
In her suit, Ledbetter argued that she was entitled to the same pay as her male colleagues with similar qualifications and duties, and a jury agreed. Finding that Goodyear had engaged in intentional discrimination, the jury ordered the company to pay damages and lost wages. But the victory was short-lived, as the U.S. Supreme Court overturned the verdict in 2007, ruling that Ledbetter’s claim was time-barred; she should have filed her claim within 180 days of the first discriminatory pay decision, even though she had no way of knowing it had happened.
 
Ledbetter’s case – and the groundbreaking Fair Pay Act that followed – might have never happened if it was filed today. Had Goodyear Tire & Rubber Company implemented forced arbitration clauses, as many companies do today, including Uber and American Express, Ledbetter would have been blocked from bringing her claim to court and deprived of her right to pursue justice.
 
Even with the Fair Pay Act, women still face a steep pay gap compared with their male counterparts. In 2023, women working full-time earned just 83 cents for every dollar earned by men—the first statistically significant widening of the gender pay gap in 20 years, according to the Census Bureau. The gap is also racially disparate; compared to white men, Hispanic, American Indian, and Alaska Native women made 58 cents on the dollar while Native Hawaiian and Pacific Islander women and Black women made 65 and 66 cents on the dollar, respectively.
 
Ledbetter’s case is a striking example of the critical role that the 7th Amendment plays in making justice a reality. Without the right to sue, she would have been powerless to challenge Goodyear's unequal pay practices, the company would have never faced legal consequences, and other lawbreaking corporations could continue to discriminate against its workers, especially women.
 
That’s why it’s important to safeguard our 7th Amendment rights. Policies that limit people’s ability to bring legal action can have a chilling effect on future cases. When people are discouraged from pursuing justice, their voices are silenced, and harmful practices are perpetuated. This is particularly true for women, as Ledbetter’s case and others have showed us.
 
Reflecting on Ledbetter through the lens of 2025, her story serves as a reminder that setbacks are not permanent, equality is never guaranteed, and protecting our rights requires a sustained effort.
 
As Lilly Ledbetter once said, "We still are not paid equally. And if you believe that it's a myth, do the math. Unequal pay hurts women. It hurts their families. And it hurts us all. You and I have to continue fighting for equal pay for equal work."
 
Lori Andrus is the current President of the American Association for Justice and co-founding partner of Andrus Anderson LLP, located in San Francisco, California.
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The  American Association for Justice  works to safeguard rights, promote fairness, and strengthen access to civil justice—even when it means taking on the most powerful corporations.
AAJ’s vision is justice for all.

CONTACT Heather K. Sager Email: Heather.Sager@justice.org Phone: (202) 579-1205