Re: But "equal pay" has been the law since 1963...
by
dsimon
10/06/2008, 2:05 PM #
Lily Ledbetter's pay was based on job evaluations which she disagrees with
That's not the point of the case. Nor is it relevant that "equal pay" has been the law of the land for a long time. The question is how that law is enforced.
Businesses find ways to evade laws all the time. If it's hard to sue to enforce the law, then the law will be violated in practice. Ledbetter claimed that she was discriminated against for years but didn't find out about it until long after the discrimination had started. The Supreme Court said that the clock within which she had to sue started from when the discrimination started, not from when she found out. So in effect, it didn't matter whether she had been discriminated against or not; he suit was barred from the outset.
The upshot is that businesses that find ways of hiding discriminatory pay, or plaintiffs who just don't find out about it until too late, can violate the law with impunity. And that can make the law pretty darn ineffective.
There would seem to be little reason not to allow the filing period for a suit to start when a person actually finds out about the discriminatory practice (plaintiffs should not be allowed to "run up" damages by waiting, but there's nothing to be gained if all you get is the difference between what you got paid and what you should have been paid all along). Consequently, it's hard to see why someone would vote against legislation that provides just that.