18 June 2007

You Be The Judge

People are complaining about the Supreme Court's 5-4 decision in Ledbetter v. Goodyear Tire & Rubber Co., Inc. [pdf], that a woman who believed that she was paid less than similarly qualified men because of her sex only had 180 days from the time her pay was set to file a discrimination charge. The relevant portion of the statute is here. You be the judge.
(e) Time for filing charges; time for service of notice of charge on respondent; filing of charge by Commission with State or local agency; seniority system

(1) A charge under this section shall be filed within one hundred and eighty days after the alleged unlawful employment practice occurred and notice of the charge (including the date, place and circumstances of the alleged unlawful employment practice) shall be served upon the person against whom such charge is made within ten days thereafter, except that in a case of an unlawful employment practice with respect to which the person aggrieved has initially instituted proceedings with a State or local agency with authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, such charge shall be filed by or on behalf of the person aggrieved within three hundred days after the alleged unlawful employment practice occurred, or within thirty days after receiving notice that the State or local agency has terminated the proceedings under the State or local law, whichever is earlier, and a copy of such charge shall be filed by the Commission with the State or local agency.

(2) For purposes of this section, an unlawful employment practice occurs, with respect to a seniority system that has been adopted for an intentionally discriminatory purpose in violation of this subchapter (whether or not that discriminatory purpose is apparent on the face of the seniority provision), when the seniority system is adopted, when an individual becomes subject to the seniority system, or when a person aggrieved is injured by the application of the seniority system or provision of the system.


Peter Burnet said...

Surely the limitation period shouldn't start to run until the consciousness-raising session has culminated in the click moment?

joe shropshire said...

Some sort of trick question, innit. Okay, here goes: we're judges, we've better things to do than read your stupid statute.