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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 07:53 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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  -Fair-Wage Bill Clears The Senate; High Court Decision Would Be Overturned Faygo Kid  Jan-22-09 09:05 PM   #0 
  - "approved 61 to 36"  depakid   Jan-22-09 09:20 PM   #1 
  - 5 Repubs voted with the Dems, 4 women and Specter  AllyCat   Jan-22-09 11:24 PM   #14 
  - Can't fault the SC for enforcing the letter of an incomplete law...  DCKit   Jan-22-09 09:21 PM   #2 
  - It seems to me that  drmeow   Jan-22-09 10:04 PM   #5 
     - If . . . they wanted to be fair --  defendandprotect   Jan-22-09 10:21 PM   #8 
     - Right - my point was that it seems to me  drmeow   Jan-22-09 10:27 PM   #10 
        - My point is that the right-wing's intentions are not to be fair or to  defendandprotect   Jan-22-09 11:00 PM   #11 
     - But that's the thing....  pinqy   Jan-23-09 07:53 AM   #21 
  - Good to hear...  OhioChick   Jan-22-09 09:35 PM   #3 
  - wow, such great news  Enrique   Jan-22-09 10:02 PM   #4 
  - Exellent news. K & R.  bertman   Jan-22-09 10:10 PM   #6 
  - THANK YOU MR. PRESIDENT  Left Coast2020   Jan-22-09 10:13 PM   #7 
  - I was watching some of the debate in the Senate - Isakson is a jerk  LynneSin   Jan-22-09 10:26 PM   #9 
  - Democrats are wasting NO time implementing change.  mzmolly   Jan-22-09 11:06 PM   #12 
  - Ledbetter  malletgirl02   Jan-22-09 11:10 PM   #13 
  - Great news! nt  bananas   Jan-23-09 12:24 AM   #15 
  - According to "the reader" Roberts's court she was supposed to know  underpants   Jan-23-09 12:32 AM   #16 
  - She did know.  pinqy   Jan-23-09 08:11 AM   #22 
  - Am i dreaming? Is this really Happening? n/t  8 track mind   Jan-23-09 12:43 AM   #17 
  - Another good moment.  Ken Burch   Jan-23-09 01:15 AM   #18 
  - Horrible reporting, though.  road2000   Jan-23-09 01:32 AM   #19 
  - I big feather in Sen. Milkowski's hat. She's a fighter and I enjoyed watching  lamp_shade   Jan-23-09 02:39 AM   #20 

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