Bill to allow more time to file employment discrimination suits falters
Senate Democrats have failed to overcome a threatened Republican filibuster of a bill that would loosen the restrictions on the length of time in which workers could file pay discrimination claims against their employers. The 56-42 vote was split largely along party lines. The legislation, already passed by the House, would circumvent the Supreme Court's 5-4 decision last summer that federal law imposes a tight deadline ―180 days from the date of the first paycheck received―for employees to file pay discrimination complaints. The Senate vote means that, for the time being, the court's decision will remain in effect. The Lilly Ledbetter Fair Pay Act, endorsed by groups such as the American Civil Liberties Union, was brought up this week in honor of Tuesday's Equal Pay Day, established by civil rights advocates to call attention to a wage gap that has women earning on average 77 cents for every dollar earned by men. The Supreme Court decision is controversial because it could enable employers to continue paying their employees in a discriminatory fashion for the workers' entire careers if the employees do not dispute their pay within 180 days of receiving their first check. The bill's supporters argue that until the ruling, the accepted legal view was that any discriminatory paycheck could be considered a violation of Title VII of the Civil Rights Act of 1964, which bans discrimination on the basis of sex, race, color, national origin and religion. Supporters say the 180-day limit was intended to be applicable to any paycheck and argue that it is difficult for employees to find out what co-workers earn in such a short time frame. Republicans have remained in line with business groups, such as the U.S. Chamber of Commerce, that have lobbied to defeat the bill on the grounds that it would substantially increase litigation.
Source: Los Angeles Times, 4/24/08, By Ben DuBose
[Editor’s Note: The Legal Clips summary of the Supreme Court decision, Ledbetter v. Goodyear Tire and Rubber Co., 127 S.Ct. 2162 (2007), is below.]
NSBA School Law pages on Ledbetter v. Goodyear Tire and Rubber Co.