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)
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/816/each-paycheck-can-equal-a-discriminatory-act "
- Watch out for retaliation—even if employee never made formal discrimination complaint
- Now at full strength, will NLRB continue anti-business bias?
- Fire employee who has filed complaint … if you're prepared to address retaliation
- Include summary of arb agreement in receipt
- No personal liability in FEHA retaliation cases