Lilly Ledbetter Fair Pay Act signed into law (discriminatory act)

Published October 13, 2009 by Lubbers&Borg Attorneys at Law

The Lilly Ledbetter Fair Pay Act was signed into law by President Obama on February 2, 2009. It restores fair pay for women in the workplace.

In 2007, the Supreme Court held that an employee had one hundred and eighty (180) days from an original discriminatory act in which to file discrimination claim against his/her employee. If an employee did not file a claim within six (6) months of the original discriminatory act, the time period for filing such a claim was deemed expired.

Now, with the passage of the Lilly Ledbetter Fair Pay Act, an employee still has one hundred and eighty (180) days from the discriminatory act to file a discrimination claim. However, each time that an employee receives a paycheck from an employer, the one hundred and eighty (180) day clock begins again.

Although the new law provides an incentive for employers to promptly correct discriminatory pay practices, an employee can still only recover back pay for a period of no more than two (2) years before they challenge the discrimination.

As an employer, it is important for you to be aware of this recent change in law. This will greatly benefit employees in that they can claim a new count of discrimination upon each paycheck after a discriminatory action is made.

If you have any questions regarding the Lilly Ledbetter Act, please do not hesitate to call the office at 702.257.7575.