• 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
  • October 20, 2009 | Authors: Jaime S. Tuite; David J. Laurent
  • Law Firms: Buchanan Ingersoll & Rooney PC - Miami Office ; Buchanan Ingersoll & Rooney PC - Pittsburgh Office
  • 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.