this is why the ones who are upset about the recent Iraq vote and who swear they will not vote for any Democrats will fact this:
The Wall Street Journal
High Court Limits Time For Filing Bias Lawsuits
By JESS BRAVIN and MARK H. ANDERSON
May 30, 2007; Page A6
WASHINGTON -- The Supreme Court handed employers a victory with a ruling that businesses can't be sued for years-old discrimination, even if such actions continue to harm an employee in the form of lower pay than he or she otherwise would be entitled to.
In a 5-4 ruling that underscored the court's conservative-liberal split, the court gave teeth to the tight deadlines of Title VII of the Civil Rights Act of 1964, which require complaints to be filed as soon as 180 days after a discriminatory act occurs. Writing for the majority, Justice Samuel Alito said the "discrete act" in this instance was the initial decision to underpay the employee, even if it unfairly lowered the base from which future raises would be calculated.
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The suit was brought by Lilly Ledbetter, an employee of Goodyear Tire & Rubber Co.'s Gadsden, Ala., plant. She alleged that in the early 1980s, after she refused a supervisor's sexual advances, he retaliated against her with unfavorable reports that led to diminished pay. Starting from this lower base, by 1997 she was earning $3,700 a month as an area manager, in contrast with male colleagues of similar rank who earned $4,300 to $5,200 a month. Ms. Ledbetter, who retired in 1998, argued that each paycheck was in itself a discriminatory act, rather than the violation being limited to the initial retaliatory act, and sought compensation for her entire career. A federal district court agreed, and a jury awarded her $224,000 in back pay and $3.28 million in punitive damages, although the award was reduced to $360,000.
The 11th U.S. Circuit Court of Appeals reversed, however, agreeing with Goodyear that a six-month statute of limitations applied to Title VII discrimination suits, thus limiting Ms. Ledbetter's recoveries to recent salary history. In addition, the Atlanta appeals court found that Ms. Ledbetter didn't sufficiently prove discrimination within that period. Yesterday's Supreme Court decision is good news for corporations, which worried the justices might open companies up to pay claims stretching back years prior to the filing of a discrimination lawsuit. The ruling "eliminates a potential windfall against employers by employees trying to dredge up stale pay claims," the U.S. Chamber of Commerce said in a statement.
Dissenting Justice Ruth Bader Ginsburg, the court's only woman, said the majority "does not comprehend, or is indifferent to, the insidious way in which women can be victims of pay discrimination." "Pay disparities often occur ... in small increments; only over time is there strong cause to suspect discrimination is at work," she wrote in an opinion joined by Justices John Paul Stevens, David Souter and Stephen Breyer.
URL for this article:
http://online.wsj.com/article/SB118044756725017154.html (subscription)