The U.S. Supreme Court’s 5-4 decision on May 29 in Ledbetter v. Goodyear Tire & Rubber Co. provoked a stinging dissent, caused consternation in the civil rights community and generated calls for prompt amendment of the 1964 Civil Rights Act. Discrimination in pay that occurs more than 180 days before filing a charge appears to have been insulated from redress, even if the effects continue into the charging period.
Yet a solution exists that might ameliorate the apparent harsh effects of the Ledbetter decision. This answer is called the “discovery rule,” and it is already established law in most federal appellate circuits. It won’t address every case affected by Ledbetter, but it might prove helpful for a number of victims of pay discrimination.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]