Each paycheck can equal a discriminatory act

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in Employment Law,Human Resources

After six years on the job, Gerard Cardenas quit and sued his company, alleging that he was paid less because he is a Mexican American. A lower court tossed out his case, saying his suit was filed too late because it was based on his initial pay grade, and Title VII claims must be filed with the Equal Employment Opportunity Commission within 180 or 300 days of the employment practice, depending on the state. But a federal appeals court said his suit does meet the time restraint.

Reason: Each paycheck may constitute a separate discriminatory act, so the clock didn't start ticking until his final paycheck. (Cardenas v. Massey, No. 00-5225, 3rd Cir., 2001)

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