Supreme Court Debates Complex Employment Discrimination Case

By Nathan Abbott

Published on November 29, 2006

A contentious debate is being carefully watched by both civil rights groups and employers alike. The case revolves around an eight-year old lawsuit filed by Lilly Ledbetter against Goodyear Tire & Rubber Company. Ms. Ledbetter claims that after 19 years of employment she was still making $6,000 less than the lowest-paid man in the same position.

The question is not whether Ms Ledbetter was discriminated against, but whether the discrimination transpired within 180 days—the statute of limitations for such cases—prior to her original lawsuit in 1998. Her attorney is arguing that every paycheck constitutes a unique instance of discrimination, while attorneys for Goodyear claim that any discrimination that took place occurred years prior, and that continuing to pay Ms. Ledbetter according to the pay schedule that was originally set—whether or not that pay schedule was discriminatory to begin with—does not constitute discrimination. They argue that a decision in favor of Ms. Ledbetter would essentially undo the statute of limitations in such cases.

The plaintiff’s lawyer suggests that it was impossible to determine that the act was discriminatory until Ms. Ledbetter became aware of the disparity of her income versus those of her coworkers. In supporting her case, several civil rights groups argued that a decision against Ms. Ledbetter would be detrimental in that it could allow employers to avoid many discrimination cases by saying that the deadline for filing a complaint had passed.

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