Barack Obama and Pay Bias by thinline on Blogster

The AP has reported that the Supreme Court issued a decision on Tuesday (Ledbetter v. Goodyear Tire & Rubber Co., 05-1074) limiting workers' ability to sue for pay discrimination. Ruling against a Goodyear employee (Ledbetter) who earned thousands of dollars less than her male counterparts, the Court held that she had waited too long to file her complaint.

The 5-4 decision rested on a provision in a federal civil rights law that sets a 180-day deadline for employees to claim they are being paid less because of their race, sex, religion or national origin.

Justice Samuel Alito, writing for the court, said that without such a deadline employers would find it difficult to defend against claims "arising from employment decisions that are long past."

Justice Ruth Bader Ginsburg, writing in dissent, urged Congress to amend the law to correct the Court's "parsimonious reading" of it. Justice Ginsburg, according to today’s New York Times, has only read her dissent aloud in open Court on two occasions, this being one of them.

"In our view, this court does not comprehend, or is indifferent to, the insidious way in which women can be victims of pay discrimination," Justice Ginsburg said.

Justice Ginsburg said there are strong precedents supporting Ledbetter’s claim in this case. In a similar case based on racial discrimination, Justice Ginsburg pointed out that the Supreme Court ruled that each paycheck calculated on the basis of past discrimination is unlawful under Title VII thus making a claim beyond the first 180 days of employment timely. The U.S. Courts of Appeals have consistently and overwhelming agreed with this interpretation as has the EEOC charged with enforcing the provisions of Title VII.

New York Senator Hillary Clinton reacted swiftly and decisively saying that she will author legislation to make clear that workers like Ledbetter could use old evidence of unequal pay to demonstrate they are being discriminated against now.

PAGING Barack Obama !! PAGING the Women for Obama. Wake up !!

Was this decision affecting women not worthy enough, not important enough, not consequential enough to address?

ASK OBAMA WHY

4 comments on Barack Obama and Pay Bias

Slywoody3 said 1 years ago
The courts have long since used arbitrary edicts to stifle legitimate claims.
thinline said 1 years ago
No doubt, Justice Ginsburg's comments were, as her friend and associate said, "a warning" of what is to come.
oldfatguy said 1 years ago
What a travesty of justice !!!! How dare the US Supreme Court tell the lower courts that they should follow existing laws as written ????
Ginsburg had one thing right, if you don't like the law as written, get the appropriate legislature to change that law !!!!!
thinline said 1 years ago
It is the interpretation of the law that is at issue. The Courts of Appeal have consistently interpreted the law to allow employees to have an opportunity to learn the facts before snuffing out their opportunity to challenge their status.