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To join the debate, please e-mail us at [email protected], 550 U. 618 (2007), because she filed her complaint with the Equal Employment Opportunity Commission (EEOC) too late. The Supreme Court said that, in most cases, employees should file an EEOC complaint within 180 days of their first discriminatory paycheck, if they want to sue under the federal anti-discrimination law with the shortest deadline, Title VII of the Civil Rights Act. In her testimony before the United States Senate, Ledbetter stated that she “only learned about the discrepancy in [her] pay after nineteen years, and that was with someone leaving me an anonymous note.” She learned of the pay disparity by 1992, as excerpts from her deposition, filed in the Supreme Court as part of the Joint Appendix, make clear. at 2199 (“a Title VII plaintiff must show a “present violation” within the limitations period. This notion, widely promoted in the press, For example, the White House claimed that: The [Supreme] Court ruled that employees subject to pay discrimination like Lilly Ledbetter must file a claim within 180 days of the employer’s original decision to pay them less . However, the Supreme Court never said the 180-day deadline should be applied rigidly. She testified specifically that a superior had told her in 1992 that her pay was lower than that of other area managers, and that she had learned the amount of the difference by 1994 or 1995. § 2000e-2(k)(1) (employer policies that have an unintentional “disparate impact” on a race or gender are illegal unless they are shown to be “job related” and “consistent with business necessity”).

The Federalist Society seeks to foster further discussion and debate about this issue. If her job performance was worse, or her male co-workers were better at negotiating raises, those could be defenses to liability. To this end, we offer links below to various materials discussing this topic, and we invite responses from our audience. For disparate-treatment claims—and others for which discriminatory intent is required—that means the plaintiff must demonstrate deliberate discrimination within the limitations period. ,” which supposedly prevented women from suing because “pay practices typically take place in secret,” making it “almost impossible for a woman to discover discrimination within 180 days.”); Anne Ladky, executive director, Women Employed, , Chicago Tribune, June 15, 2012, at 35 (PFA needed because “women often have no way of knowing that they are being paid less,” and PFA “would make it illegal to retaliate against an individual for talking about pay with other employees”). at that time I knew definitely that they were all making a thousand [dollars] at least more per month than I was.” Thus, the record shows she was aware of the pay disparity for over five years before filing a legal complaint over it. § 206(d)(3) (treating Equal Pay Act violations as if they were minimum wage violations, and thus subjecting them to the deadline in § 255(a)). 30 (“Under the EPA,” “a claim charging denial of equal pay accrues anew with each paycheck,” citing legal treatise). By claiming that she learned of the pay disparity just before filing a legal complaint over it, Ledbetter was able to make it sound like the Supreme Court had acted unreasonably in barring her lawsuit as untimely, and created the impression that it had applied the deadline rigidly, without regard to whether she could have learned of the discrimination in time to sue. even if the employee did not discover the discriminatory reduction in pay until much later []. § 255(a) (prescribing a three-year deadline for willful violations, and a two-year deadline for all other violations, such as unintentional violations, in minimum wage cases); 29 U. This article discusses the Supreme Court’s decision in Ledbetter v. Such defense shall not apply where the employee demonstrates that an alternative employment practice exists that would serve the same business purpose without producing such differential and that the employer has refused to adopt such alternative practice.”), .

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Goodyear Tire & Rubber Co., as well as two subsequent pieces of legislation, the Lilly Ledbetter Fair Pay Act of 2009 and the Paycheck Fairness Act.