Determining the Reach of the Lilly Ledbetter Fair Pay Act
Copyright © 2010 by the Los Angeles County Bar Association, the Los Angeles Lawyer. Posted with permission.
In January 2009, President Obama signed the Lilly Ledbetter Fair Pay Act, which extends the time period in which employees may sue employers for discriminatory compensation practices. The LLFPA appears to apply exclusively to discriminatory pay, but recent decisions have construed the legislation more expansively. Several U.S. district courts are finding the LLFPA applicable to any employment decision that ultimately affects an employee's pay, such as allegedly discriminatory denials of promotions, negative performance evaluations, and unfavorable job assignments. According to these cases, employees may presumably sue and recover two years of back pay for discrimination that occurred years or decades before, so long as the discriminatory practice results in the employee experiencing an adverse impact on pay within the two years preceding the filing of an administrative charge of discrimination.
The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.
If you are interested in having us represent you, you should call us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. We will not make this determination by e-mail communication. The telephone numbers and addresses for our offices are listed on this page. We reserve the right to decline any representation. We may be required to decline representation if it would create a conflict of interest with our other clients.
By accepting these terms, you are confirming that you have read and understood this important notice.