Tuesday, November 28, 2006

Paycheck Discrimination: A Big Case

Linda Greenhouse, writing in The New York Times, on the Ledbetter case:

Is each new paycheck, reflecting a salary lower than it would have been without the initial discrimination, a recurring violation that sets the [statute of limitations] clock running again? Or does the passage of time, without fresh acts of intentional discrimination, render the initial injury a nonevent in the eyes of the law?...

[T]he E.E.O.C. ... has long applied what is known as the “paycheck accrual rule,” under which each pay period of uncorrected discrimination is seen as a fresh incident of discrimination. So although the 180-day limit applies to discrete actions like a discriminatory refusal to hire or failure to promote, it does not, in the view of the federal agency charged with administering the statute, prevent lawsuits for the continuing effects of past discrimination in pay.


Further discussion of the Ledbetter case here and here and here.

[HT: Althouse ]

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