The following is not meant to be legal advice.
On May 29, 2007, the U.S. Supreme Court in Ledbetter v. Goodyear Tire & Rubber Co., No. 05-1074 (U.S. May 29, 2007), held that to challenge pay discrimination under Title VII, employees must file a claim of discrimination with the Equal Employment Opportunity Commission (EEOC) within 180 or 300 days, depending on the state law, after each discriminatory pay decision. Lilly Ledbetter worked for Goodyear Rubber & Tire Co. In the case, the question was whether Ledbetter was can proceed with a claim even though she did not file an EEOC charge within 180 or 300 days of the discriminatory performance review and adjustment.
The U.S. Supreme Court held that the employee cannot maintain a suit based on that past discrimination. If the claim is not filed within the time limits, the claim will be barred by Title VII’s statute of limitations.
The U.S. Supreme Court dealt with the issue of an employer discriminating in one year, but not discriminating in years after on pay. However, because each year’s incremental pay raise is based on an employee’s current pay, prior discriminatory evaluation and pay adjustment continue to affect the employee’s pay throughout employment. Ledbetter’s claim was not timely.
The decision focused on current employment law compliance.
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