Will Lilly Ledbetter Eliminate Statutes of Limitation?

Subsequent to the passage of the Lilly Ledbetter Fair Pay Restoration Act, there was concern by employers that the federal statutes of limitations would be reversed. However, the federal courts which have considered the impact of Ledbetter have generally held that it does not “serve as a trump card that [plaintiffs] might use to supersede all statutes of limitations in our nation’s various civil rights acts.” The courts have so far universally construed the Act as overruling Ledbetter “only…with respect to the timeliness of discriminatory compensation claims.” Leach v. Baylor Col. Of Med. The practical import of the Ledbetter Act was to broaden the potential pool of plaintiffs seeking redress under federal antidiscrimination laws by allowing the delivery of each paycheck that reflects a discriminatory compensation decision made prior to the charging period to qualify as a discrete “unlawful employment practice.” The courts have been reluctant to expand the Act when a plaintiff fails to demonstrate a prima facie discriminatory act and they have not been applying the Act where the claim concerns something other than wage or compensation discrimination. The courts also have not been expanding the “scope” to claims arising outside of Title VII, the ADEA, the ADA and the Rehab Act or “parallel” state anti-discrimination laws. The courts have been construing the Act very narrowly by not allowing a wage discrimination claim if the plaintiff did not raise gender discrimination in the complaint.

“‘Go Time’ for Discrimination Claims?” Corporate Counsel, 1/21/10.