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Recent Ledbetter Act Developments: Employee's Unanswered Request for Raise and a Change in Pension Benefit Accrual Rate Rendered EEOC Charges Filed Years Later Timely by Jaime S. Tuite
Buchanan Ingersoll & Rooney PC - Miami Office
David J. Laurent
Buchanan Ingersoll & Rooney PC - Pittsburgh Office
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October 20, 2009
Previously published on September 2009
The Lily Ledbetter Fair Pay Act recently caused two courts to reverse themselves and allow employees to proceed with discrimination claims that the courts previously dismissed as untimely. The Ledbetter Act permits employees to file claims based on an earlier compensation decision if the decision adversely affects the employee within the applicable period for filing a charge with the EEOC. In these cases, the courts concluded an employer's failure to answer a request for a pay increase, and another employer's conversion of its defined benefit pension plan to a cash balance pension plan, each constituted allegedly discriminatory compensation decision that adversely impacted the employees' "wages, benefits or other compensation" each time the employee was paid, thereby rending the employee's respective EEOC charges timely.
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