• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Lower retirement pay doesn’t excuse late discrimination filing

by on
in Employment Law,Human Resources

Employees who believe they have suffered pay discrimination have to move fast to file their claims.

They can’t wait, for example, until after they retire and only then claim their retirement benefits are lower than they should be because they were discriminated against.

Recent case: Claude Hunter, who is black, worked as a custodian field supervisor before he went out on disability retirement.

After Hunter started receiving retirement checks, he sued for past pay discrimination. He claimed that between 2003 and 2006, his white co-workers received higher pay increases that he did. Hunter said this alleged discrimination caused his retirement pay to be lower than it should have been.

Hunter, however, hadn’t filed an EEOC complaint back when he said he suffered discrimination through lower pay raises. That killed his case. North Carolina employees must file EEOC complaints within 180 days of experiencing a discriminatory act, and can’t wait until retirement to sue. The court dismissed Hunter’s case. (Hunter v. Wake County Board of Education and Wake County Public Schools, No. 5:08-CV-62, ED NC, 2008)

Final note: Cases like this one may spur more current employees to file EEOC complaints whenever they even suspect discrimination. Rather than lose the right to sue by missing the deadline, they’ll act immediately. Make sure your pay decisions are bias-free and that you can justify any discrepancies. Assume the EEOC may challenge your decisions and prepare accordingly. 

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/5905/lower-retirement-pay-doesnt-excuse-late-discrimination-filing "

Leave a Comment