Earlier this year, the
U.S. Supreme Court issued a blow to employees when it placed strict limits on
the timeframe for filing pay bias complaints under Title VII, the federal
antibias law (see CWHA July 2007). In response to this controversial
decision, the U.S. House of Representatives has approved legislation that would
amend federal law to give workers more time to file pay discrimination charges.
The measure—H.R. 2831—now moves to the Senate for consideration.
The bill specifies that
Title VII’s statute of limitations runs from the date of each paycheck that is
affected by, or stems from, a discriminatory decision. Under the proposal, pay
discrimination would occur when: 1) an employer makes or adopts a
discriminatory compensation decision or practice; 2) an individual becomes
subject to a discriminatory compensation decision or other practice; or 3) an
individual is affected by the application of a discriminatory compensation
decision or other practice, which includes each time wages, benefits, or other compensation
is paid.
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Title VII requires an
individual, before filing a lawsuit, to lodge a complaint with the U.S. Equal
Employment Opportunity Commission within 180 days after the alleged
discrimination occurred. Note that in
individuals have one year to file a complaint with the state Department of Fair
Employment and Housing. The Supreme Court decision issued earlier this year
centered on whether the clock on the 180-day window restarts each time an
employee receives a paycheck that reflects past discrimination. The court ruled
that it did not and that the deadline for workers to file bias complaints
involving pay decisions is 180 days from the date the decision on their pay is
made and communicated to them.1
In response to the House
vote, President Bush said he opposes the legislation and would veto it if
passed by Congress. Even if vetoed, the measure could still become law if
Congress could muster a two-thirds vote in each chamber to override the veto. We’ll
keep you posted.
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1 Ledbetter v. Goodyear
Tire & Rubber Co.,
Supreme Court No. 05-1074, 2007