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  • 标题:Insular Individualism: Employment Discrimination Law After Ledbetter v. Goodyear
  • 本地全文:下载
  • 作者:Tristin K. Green
  • 期刊名称:Harvard Civil Rights-Civil Liberties Law Review
  • 印刷版ISSN:0017-8039
  • 电子版ISSN:1943-5061
  • 出版年度:2008
  • 卷号:43
  • 期号:02
  • 出版社:Harvard Law School
  • 摘要:When the Supreme Court decided Ledbetter v. Goodyear Tire and Rub- ber Co. 1 last year, holding that an employee must assert a Title VII pay discrimination claim within 180 days2 of when the pay decision was first made, commentators—both legal and non-legal—immediately recognized the obstacle the decision poses for individuals suffering from discrimination in pay. American workers rarely know what their co-workers are paid, mak- ing it difficult to complain about a disparity. 3 And, even if they are aware of a pay disparity and suspect discrimination early on, the disparity may not be worth fighting for, or even make a winnable case, until it magnifies over time (through, for example, a policy of calculating future raises as a percent- age of the current salary). Shortly after Ledbetter was decided, op-eds ap- peared in the New York Times, the Chicago Tribune, and the Los Angeles Times, all calling for the decision to be overturned and/or better access to pay information. 4 Lawmakers scrambled to draft legislation providing that each paycheck could constitute an act of discrimination, thus extending the period within which an individual would be able to file her complaint. Within two weeks of the Supreme Court’s decision, Lilly Ledbetter was testi- fying before the House Education and Labor Committee on the proposed legislation. 5
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