In 2007, the United States Supreme Court issued it's decision in Ledbetter v. Goodyear, a case arising out of a dispute in Alabama. The Supreme Court, addressing claims under Title VII and the Equal Pay Act, narrowly interpreted the applicable statute of limitations, finding that each pay check was not sufficient to be an act of discrimination, and that the 180 day time period to file a charge with the EEOC began when Ledbetter's pay was set. Yesterday, the New York Times reported that President-Elect Obama and Congress intend to quickly overturn the Ledbetter decision through legislation. Obama had previously co-sponsored a bill in the Senate to do so, and Ms. Ledbetter, who spoke at the Democratic National Convention, reported that Obama would see her in the White House when he signs the bill into law. The New York Times article quotes R. Bruce Josten, executive vice president of the United States Chamber of Commerce, as saying that any such legislation "would lead to an explosion of litigation".
Practice pointer. With our new President set to take office in two weeks, and with the makeup of our new Congress, I anticipate that there will be many attempts to change or amend various laws in the employment arena. I will continue to report on any changes as they occur.
