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Reply #21: But that's the thing.... [View All]

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pinqy Donating Member (536 posts) Send PM | Profile | Ignore Fri Jan-23-09 08:53 AM
Response to Reply #5
21. But that's the thing....
The discrimination was NOT on-going nor long term. The EFFECTS of the initial discrimination carried on, but Ledbetter made no claim that any paychecks were directly the result of discrimination.

If 5 people are hired at the same time, and the hiring manager hires A,B,C, and D at $30,000/year but discriminates against E and hires E at $20,000, that's discrimination. One act. But let's say the rest of the management is not discriminatory and actually gives E a 4% raise every year, but only a 3% raise to A,B,C, and D. After 20 years, E's salary is now $42,137/year, while A,B,C,D get $52,605. Big gap. But do you really want to claim that giving E a larger raise every year is discriminatory against E?

Scotus based their decision on the fact that the actual pay-setting was not discriminatory, but that the early performance evaluations, upon which the pay was set, were. So the proper complaint would have been against the unjustified performance evaluations. Ledbetter knew that the evaluations were unfairly low based on her sex, but took no action. Now, there are cases where the pay-setting itself is discriminatory, and the individual is not in a position to know this until years later. The dissent in the Ledbetter case was focused on that, though it didn't actually pertain to the case at hand, and the new law is based on that.
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