You are viewing an obsolete version of the DU website which is no longer supported by the Administrators. Visit The New DU.
Democratic Underground Latest Greatest Lobby Journals Search Options Help Login

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

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Latest Breaking News Donate to DU
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.
Printer Friendly | Permalink |  | Top

Home » Discuss » Latest Breaking News Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002
Software has been extensively modified by the DU administrators

Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC