The recently signed Lilly Ledbetter Fair Pay Act may apply to pay discrimination cases that were filed before the law was signed and after the U.S. Supreme Court ruled in 2007 that employees have just 300 days to file pay claims after the initial alleged discriminatory decision.
Recent case: Janice Gilmore, a black woman who works for Macy’s, filed a federal lawsuit alleging that race bias was the reason she had been denied the opportunity to work in the diamond department when regular employees were absent. That meant fewer chances to earn bigger commissions.
The judge hearing her case said now that the Fair Pay Act is the law, she could claim back wages going back two years from when she filed her EEOC complaint. (Gilmore v. Macy’s, No. 06-3020, DC NJ, 2009)
- Ohio law: Bosses personally liable for discrimination
- Honorably discharged and returning to work? Don't make vets jump through extra hoops
- Declining to cooperate with investigation isn't protected
- Don't write wishy-washy policies that make it hard for staff to comply
- Yes to a Christmas tree but no to a menorah?