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Contract worker EPA claims have long shelf lives

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in Compensation and Benefits,Discrimination and Harassment,Human Resources

You probably think that once a contract employee’s contract expires, that’s the end of the matter. You don’t renew the contract and she moves on. That may not be the case.

She can still sue over Equal Pay Act (EPA) claims for at least two years after her last check. Under some circumstances, she has up to three years to sue.

Recent case: Mala Chinoy was a professor at Penn State’s medical school. When her contract wasn’t re­­newed, she sued, alleging discrimination and unequal pay. The university got almost all her claims dismissed, except her EPA claim.

The court said she had two years from each paycheck to sue, which meant she could sue long after the contract expired. If she can show a willful violation, her claims may go back three years. (Chinoy v. Penn State, No. 11-CV-01263, MD PA, 2012)

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