Kirk explains vote on equal pay bill

Should Congress force a woman to proactively opt out of class action lawsuits or lose her individual right to sue for wage discrimination?

Hard to imagine that this question is the result of recent legislation passed in the House of Representatives. But it is.

Some have complained about my vote against the legislation that resulted in this question. I voted against H.R. 1338 because I believe we should protect a woman's individual right under the law to control her own court case.

In 1963, President Kennedy signed the Equal Pay Act into law prohibiting an employer from paying a woman less than a man just because of her sex. Today, every American woman and man maintains the right to sue to end wage discrimination.

While Americans already have the right to bring an equal pay discrimination lawsuit, Congress considered making radical changes via H.R. 1338 that would transfer control of your case to others. The proposed law would:

-Automatically make you a member of a class-action lawsuit whether you were discriminated against or not and even if you were unaware of the lawsuit. The new law would force women to proactively opt out of the class action lawsuit or forfeit her right to sue independently. If you did not opt out in time, you could lose your right to bring your own lawsuit.

-Remove the current $300,000 cap on punitive damages for intentional discrimination suits, opening up a new round of unlimited noneconomic damage lawsuits and allow huge punitive damages to be charged against an employer even if the court found only unintentional discrimination. Employers will be forced to protect themselves with legal liability insurance and those added costs could reduce wages or eliminate jobs.

-Allow Congress to take away your right to govern your own lawsuit. Class-action lawsuits would be controlled by trial lawyers who routinely take over 30 percent of all court awards for themselves.

While there were many ways that H.R. 1338 would improve the law's effectiveness, politics dictated the addition of several poison pills that made the final legislation unacceptable.

According to this proposed law, it is more convenient for lawyers to take control of your rights. But I believe they are your rights and you should maintain control of the decisions that affect those rights.

Rep. Mark Kirk

Highland Park