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Ledbetter Fair Pay Act may apply to pending cases, too

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in Discrimination and Harassment,Employment Law,Human Resources

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)

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