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CMLawLibraryBlog

The CM Law Library Blog seeks to inform the Cleveland-Marshall College of Law community about key legal education, research, practice, and law library news, with a particular focus on Cuyahoga County and Ohio as well as faculty research interests.

Examining the Supreme Court's Equal Pay Ruling in Ledbetter v. Goodyear

Sue Altmeyer, Electronic Services Librarian, sue.altmeyer@law.csuohio.edu | June 13, 2007 - 05:46

The U.S. Supreme Court recently decided that the statute of limitations for a claim for discriminatory pay under Title 7 begins to run on the date the discriminatory decision was made, not when the last discriminatory paycheck was issued. Ledbetter v. Goodyear Tire and Rubber Co., Inc No. 05-1074, Slip Op. (U.S.S.C. May 29, 2007). The statute of limitations is 180 days or 300 days, depending on the state. Ledbetter received poor performance evaluations because of her sex, and as a result her pay was lower than her male counterparts' for years. The Supreme Court held that these performance evaluations occurred earlier than 180 days before filing with the EEOC, so Ledbetter could not recover. Ledbetter did not argue that the decision makers acted with actual discriminatory intent when they issued each check.

A Law.com article discusses alternative strategies for future plaintiffs in Ledbetter's situation. Measuring the Impact of High Court's 'Ledbetter' Ruling, Carla J. Rozycki and David K. Haase, 6/13/2007. The suggestions include an Equal Pay Act claim or an argument that the pay system was adopted to discriminate on the basis of sex and the discriminatory system was applied within the 180 day period.

House Democrats vow to introduce legislation, which will establish that the statute of limitation begins to run upon each payment of a discriminatory wage. See House Democrats Say Time Limit on Pay Discrimination Lawsuits Should be Changed, Jesse J. Holland, 6/13/2007, Law.com.


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