Hold onto those Reason: and internal memos that justify pay decisions a little longer. This is not the time to do a massive purge of employee files. An important U.S. Supreme Court case will decide how much time employees have to file charges alleging pay discrimination.
Background: When employees feel their pay has been illegally based on their race, religion, age or gender, they must first file a discrimination charge with the EEOC within 180 days of the discriminatory act (300 days if they live in a state that has an EEOC-like agency).
The question before the high court: Does the “discriminatory act” occur only when you set the person’s salary (employers’ view) or does a separate discriminatory act occur each time the employee receives a paycheck (employees’ view)?
If the employee wins in this case, anyone can sue years—or even decades—after they suffer an allegedly discriminatory pay decision, such as a lower starting salary. Look for a ruling in the next month or two. (Ledbetter v. Goodyear Tire)
- Divided court may mean trouble for employers
- Personnel files: Organize your paper trail to minimize legal risks
- Pennsylvania Law on Inspection of Employment Records
- Conducting a do-it-yourself audit of your company policies
- Is refusing to sign a disciplinary notice itself a reason for further discipline?