The Democrats controlling Congress are looking to overturn the Supreme Court’s recent decision which limited worker’s discrimination claims by providing a restrictive statute of limitations. The Court ruled that Lilly Ledbetter, a supervisor at the Goodyear tire plant in Gadsden, Al., had let the limitations period run for bringing a claim that she was not paid at the same rate as her male counterparts, even though she had no reason to believe such a claim existed until it was too late. Fortunately, President-elect Obama is ready to sign such a bill.
The Supreme Court’s ruling runs counter to our Country’s ideals – equal treatment under the law and providing a remedy for every wrong. The logic employed by Justice Alito, the author of that opinion, ignores the practical reality of the workplace – that an underpaid employee is discriminated against every time he or she gets a paycheck. It also ignores the imbalance of power between companies and their employees. How many companies can you think of that encourage transparency in employee pay, allowing employees to know when they have been discriminated against? If you answered none, lump yourself in with 101% of those surveyed. Hopefully, this catch-22 will soon be history.
Cum Laude graduate of Cumberland School of Law, Pet Mackey is a civil trial litigation expert who represents plaintiffs in business and consumer tort, contracts and construction, employment disputes and insurance. He is board certified as a Civil Trial Advocate by the National Board of Trial Advocacy, a Certified Alabama Mediator, and an “AV” rated lawyer by Martindale-Hubbell.
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