In its Ledbetter v decision, the U.S. Supreme Court by the slimmest of margins upheld the appellate court's action, deciding to severely limit the ability of wage discrimination victims to sue under Title VII of the 1964 Civil Rights Act. The high court ruled that the 180-day statute of limitations for suing for unequal pay under Title VII begins after the first unequal paycheck is received, regardless of whether the employee is aware of any discrimination. In doing so, it effectively slammed the courthouse doors in the faces of countless wronged employees. In the opinion in support of the ruling, Justice Samuel A. Alito, Jr., concluded that: "Current effects alone cannot breathe life into prior, uncharged discrimination," according to an August Washington Post story. But dissenter Ruth...
... action, alleging violations of Title VII of the Civil Rights Act of 1964, 42U.S.C. §§... that the Act modifies the Title VII statute of limitations). ...
A recent Supreme Court decision reinforces that racial discrimination is bad, but striking back against employees who report it is even worse -- and now potentially more costly for companies. In late May, the court ruled that plaintiffs can pursue retaliation suits under a Civil War-era law that does not explicitly address such claims. Known as Section 1981, it was established following the abolition of slavery to ensure that African-Americans were treated fairly in contracts. The law has much longer statute of limitations than Title VII, a more restrictive provision of the Civil Rights Act of 1964.
A recent U.S. Supreme Court decision holding that the statute of limitations on a Title VII disparate pay claim begins to run when the original decision on salary is made - and that there is no new violation each time a paycheck is issued - is already making waves. A group of Senate Democrats - including Sens. Edward Kennedy, D- Mass., and Hillary Rodham Clinton, D-NY - have introduced a bill that would reverse the impact of the decision, and a companion measure has been introduced in the House.
EMPLOYMENT LAW The statute of limitations on a Title VII disparate pay claim begins to run when the original decision on salary is made - that there is no new violation each time a paycheck is issued.
For years, wage claims that were based on claims of discrimination under Title VII were subject to a statute of limitations that ran from the date of the employee's last paycheck. On May 29 of this year, the U.S. Supreme Court gave a win to businesses on those employee wage claims.
... of Right to Sue pursuant to 706(f) of Title VII of the Civil Rights Act of 1964. Previously, w... The filing of the class action tolled the statute of limitations for respondent and other members of...
In a controversial pay discrimination case handed down last month, the Supreme Court majority asserted that Congress intended to strictly limit the time period in which a claim could be filed. The minority strongly disagreed. Now Congress can tell the court exactly what it meant. Sens Edward Kennedy and Hillary Rodham Clinton, among others, have written a bill that would amend Title VII of the Civil Rights Act of 1964 to state that the statute of limitations runs from the date of each payment of a discriminatory wage, according to a statement. A similar House measure, sponsored by Del. Eleanor Holmes Norton, would ensure that a claimant could sue for continuing violations.
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