July 14, 2007

Democrats To Do What SCOTUS Said To Do

When the Supreme Court issued its ruling on wage discrimination suits, the justices noted that their ruling was based upon the language of the statute, which constrained them to rule as they did. They also invited Congress to fix the statute in question in order to achieve what everyone views as a more just solution to the problem of wage discrimination.

Well, Congress has finally gotten its butt in gear and begun to consider legislation to solve the problem.

A Supreme Court decision restricting workersÂ’ ability to sue for wage discrimination has prompted Democrats to introduce legislation to counteract the ruling.

In May, the Supreme Court ruled 5 to 4 against a supervisor at a Goodyear tire plant in Alabama who discovered, after working there for nearly 20 years, that her male colleagues, including those with less experience, had been receiving higher salaries. Most courts had ruled that each unfair paycheck was a new act of discrimination, effectively a new opportunity for an employee to sue. But the justices said that the clock started running out the first time a worker was paid unfairly and that therefore, the plaintiff, Lilly M. Ledbetter, had waited too long to file suit.

The main federal antidiscrimination law, Title VII of the Civil Rights Act of 1964, says that employees must make their charge of employment discrimination within 180 days after the alleged unlawful practice occurred.

Now I'm shocked and appalled that anyone would question the need to do this, and heartily condemn the members of my party who appear opposed to solving the problem at hand. However, I'd like to urge the Congress to be sure that it does not completely remove the statute of limitations here, and that it does retain a limit on how far a suit can reach back, if only because the entire purpose of a statute of limitations is to allow a defendant to have the means to offer an effective defense against charges in a timely fashion.

Posted by: Greg at 12:55 AM | No Comments | Add Comment
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