Oral Argument in Ledbetter v. Goodyear

Yesterday, the Supreme Court heard oral argument in Ledbetter v. Goodyear, a case that will determine how to apply Title VII's statute of limitations to claims of gender discrimination in pay. The Court is reviewing a ruling of the Eleventh Circuit that is extremely hostile to victims of pay discrimination. Under the ruling, a claimant cannot challenge a discriminatory paycheck unless the decision to pay her less because of sex occurred within the last 180 days, or was the most recent pay decision prior to that time. Thus, discriminatory paychecks attributable to earlier decisions are, under this ruling, immune from challenge.The Equal Employment Opportunity Commission disagrees with the Eleventh Circuit. But the United States Solicitor General has disagreed with the EEOC - taking a position that, if accepted, would severly limit the agency's ability to enforce Title VII in pay discrimination cases. The Solicitor General's position is even more restrictive than the position the Eleventh Circuit adopted.

Here is a link to the transcript of the oral argument.

Paul Secunda over at Workplace Prof Blog noted a quote from Justice Scalia from the transcript that he thinks best shows the way the Court is heading in this case:

JUSTICE SCALIA: I don't really see a vast difference between a promotion and being elevated to a higher pay grade. I mean, there may be no different responsibilities but it's a single act of discrimination: "No, you're not going to move up to the next pay level." I don't see why that's different from "no, you're not going to move up to the next job."

I think Paul may be right about the direction of the Court on this issue.Sexual Harassment Pregnancy Discrimination Age Discrimination San Antonio Employment Lawyer Texas Employment Lawyer Texas Sexual Harassment Age Discrimination Texas Overtime Texas Age Discrimination