Case Updates
Third Circuit affirms “discriminatory compensation decision” under Ledbetter Fair Pay Act
September 10, 2009
The Third Circuit held that an employer’s failure to respond to a request for a pay raise constitutes a “discriminatory compensation decision” under the Ledbetter Fair Pay Act.
U.S. Chamber files amicus brief
June 11, 2009
NCLC urged the Third Circuit to hold that an employer’s failure to respond to a request for a pay raise does not constitute a “discriminatory compensation decision” under the Ledbetter Fair Pay Act. In this case, the plaintiff requested a pay raise after learning that a male peer with similar responsibilities was paid $7,000 more each year; she did not file a complaint in court until three years after discovery. In its brief, NCLC argued that the initial pay decision was made when the plaintiff was first hired in 2001, and therefore too much time had passed to bring the case forward. NCLC warned that an overbroad interpretation of “compensation decision” to include periodic employee requests for more money would effectively eliminate the statutory limitations for compensation claims.