• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Check your records! Some old pay-bias cases get new life under Ledbetter law

by on
in Compensation and Benefits,Human Resources

When President Obama signed the Lilly Ledbetter Fair Pay Act nearly a year ago, some employees got an additional chance to press their pay discrimination claims.

That’s because the new law covers Equal Pay Act (EPA) claims pending at the EEOC or in federal court as of May 28, 2007.

Recent case: Theresa Hester sued her employer for pay discrimination, alleging she was paid less than males doing the same work. After the Supreme Court decided the Lilly Ledbetter case, a district court dismissed her case.

She appealed several aspects of the case.

Meanwhile, the Lilly Ledbetter Fair Pay Act went into effect. Now the 11th Circuit Court of Appeals has reinstated her EPA claim because it was filed and pending before May 28, 2007. (Hester v. North Alabama Center for Educational Excellence, No. 08-17037, 11th Cir., 2009)

Final notes: If you haven’t already done so, now’s the time to review your compensation program to check for hidden sex bias. Brush up on the EPA and the factors you can use to justify different salary offers for some applicants. Common and perfectly legitimate factors include educational levels, experience and specialized training. Essentially, you may use any factor except sex to justify salary differentials. Carefully document all factors that went into setting the salary offer at the time you made the decision. Show how much weight you gave to each factor in arriving at an offer figure.

Like what you've read? ...Republish it and share great business tips!

Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...

We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.

The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.

" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/10780/check-your-records-some-old-pay-bias-cases-get-new-life-under-ledbetter-law "

Leave a Comment