In May 2007, the U.S. Supreme Court announced its decision in Ledbetter v. Goodyear Tire & Rubber Co. Inc., 127 S. Ct. 2162 (2007), a case that limits the potential liability of employers in wage discrimination claims brought under Title VII of the Civil Rights Act of 1964.
In a 5-4 decision, the Supreme Court held that an employee couldn’t assert a timely claim of wage discrimination under Title VII based solely upon the present effects of past discrimination. Therefore, employees cannot bring charges of wage discrimination based on the continuing and cumulative effects of past discriminatory actions.
However, if an employer engages in a series of acts—each of which is intentionally discriminatory—then a new violation takes place each time the employer acts. That triggers a new violation.
Title VII requires an employee to file a charge of discrimination with the EEOC before filing a lawsuit. Title VII charges must be f...(register to read more)
- Worker Doesn't Have to Say 'Harassment' to Make Complaint
- Focus on facts when promoting; avoid subjective 'Better qualified' justification
- Good news: Employees have just two years to file sales commission complaints
- U.S. Supreme Court rules on arbitration agreements
- Shifting to paid-time-off plan? You're not alone