The EEOC recently sent out notices that could give some employees who’ve filed unsuccessful bias claims a second chance to take an employer to court.
The Lilly Ledbetter Fair Pay Act gave employees more time to sue when they believe they’re victims of pay discrimination. The Supreme Court had previously ruled pay bias suits had to be filed within 180 days of when the discriminatory pay was set.
But the law gives employees a new 180-day window to sue every time they receive a paycheck in which they claim they are discriminated against.
The law was signed on January 29, 2009, but was made retroactive to May 28, 2007 (the day before the Supreme Court decision).
The EEOC recently sent notices to employees who had filed claims, asking if their case may have been affected by the passing of the law. Individuals who are affected by Ledbetter and did not already file a lawsuit will get a new “right to sue” letter from the EEOC.
That means those employees will get an additional 90-day period to file a lawsuit after they receive the letter.
