Pay Discrimination Bill Could Overrule Ledbetter
The U.S. House is expected to pass legislation this week that will reverse a Supreme Court decision in the Lilly Ledbetter case that related to when a lawsuit seeking back pay must be filed.
The Lilly Ledbetter Fair Pay Act, which reverses a May 30 U.S. Supreme Court decision that ruled a former Goodyear Tire and Rubber Co. manager waited too long to sue for back pay, which she said was due to gender-based pay discrimination.
In its 5-4 ruling, the court's majority said that employees who claim unfair treatment in pay and bonuses based on gender or race must do so within 180 days of the original discriminatory action -- not within 180 days of their last paychecks.
The proposed law would reverse that, by allowing workers to file suit within 180 days of their last paychecks. It would also not require a worker who has already filed charges to keep filing new charges with each new paycheck.
The Supreme Court's decision in the Ledbetter case made it much easier for employers to defend against Title VII workplace-discrimination litigation -- specifically when the decisions about salary, raises and other pay-related issues were made a long time ago.
This could be a very important Bill for all prospective plaintiffs who feel that they have been receiving unequal pay as a result of their gender.
