Heads up: The Ledbetter Fair Pay Act is bringing old comp complaints back to life.
Case was closed
A recent example: After learning that a male fiscal manager was making about $7,000 more per year, a female employee for the Allegheny County Police Department in Pennsylvania asked for her title to be changed to manager status. She also requested her salary be made equal to or greater than the fiscal manager.
Her first request was made three and a half years after joining the police department, and she asked again a year later.
Neither request drew a response, so she sued for pay discrimination.
Result: Her case was dismissed because she failed to file her suit within the mandatory deadline of 300 days from the first pay violation. Case closed, right?
Nope. Once the Ledbetter Act was passed, it was made retroactive to all cases that were pending on or after March 28, 2007. So appellate judges agreed to rehear the case, and the employee’s lawsuit could go forward.
And that means one of two things: The police department can settle or fight a costly legal battle.
Clock starts with each new check
A point worth remembering: The Ledbetter Act essentially says a new period for filing a complaint kicks in with every new paycheck. That gives workers more time to discover salary discrepancies and take employers to court.
Cite: Mikula v. Allegheny County
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