Justices’ Ruling Limits Suits on Pay Disparity
Thanks, all of you who voted for Bush.
This is disgusting
Wednesday, May 30, 2007
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...all horses and riders welcome here
Thanks, all of you who voted for Bush.
This is disgusting
Posted by
SeattleSusieQ
at
7:54 AM
Labels: Posted by: SusieQ
3 comments:
Errr.....you missed this part:
The impact of the decision on women may be somewhat limited by the availability of another federal law against sex discrimination in the workplace, the Equal Pay Act, which does not contain the 180-day requirement. Ms. Ledbetter initially included an Equal Pay Act complaint, but did not pursue it. That law has additional procedural hurdles and a low damage cap that excludes punitive damages.
So, it appears that the plaintiff threw the dice using a vague provision in a law rather than using a concrete law written specifically for her situation.
Could it be the damages provision? Say it ain't so!
Do we need more laws for a situation that is already covered?
She tried to game the system and lost. She could always refile using the Equal Pay Act but I suppose that would mean that she couldn't receive damages. Boo hoo.
Did you read what you wrote? There was good reason not to use that one.
In a vigorous dissenting opinion that she read from the bench, Justice Ruth Bader Ginsburg said the majority opinion “overlooks common characteristics of pay discrimination.” She said that given the secrecy in most workplaces about salaries, many employees would have no idea within 180 days that they had received a lower raise than others.
An initial disparity, even if known to the employee, might be small, Justice Ginsburg said, leading an employee, particularly a woman or a member of a minority group “trying to succeed in a nontraditional environment” to avoid “making waves.” Justice Ginsburg noted that even a small differential “will expand exponentially over an employee’s working life if raises are set as a percentage of prior pay.”
She didn't try to game the system. The system is gamed and she tried to overcome it.
What good reason? There's nothing one way or the other about that in the article.
WSJ, by the way, blasts the article. I'll make that a separate post.
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