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Supreme Court enforces pay-bias deadline

By a 5-4 margin in Ledbetter v. Goodyear Tire and Rubber (PDF), the Supreme Court has ruled that the 180-day deadline for filing a discrimination lawsuit cannot be stretched to serve as the basis of the filing of suits today based on the lingering effects of employment decisions taken years ago. Hans Bader at CEI asks a question some major news organizations didn't seem to think worth asking: why didn't Ms. Ledbetter choose to sue under the Equal Pay Act, a separate federal statute that might have seemed more directly helpful in staking her complaint? And James Taranto seeks to vindicate the character of former Justice O'Connor from the insulting presumption that she would reflexively have voted in favor of a female plaintiff in an employment-bias case.

P.S. More at Volokh, from David Bernstein and Orin Kerr. Hans Bader has more on the O'Connor angle, noting that "Justice O�Connor rigorously enforced statutes of limitations, and she wasn�t the swing-vote on the Supreme Court in statute of limitations cases. A man, Justice Clarence Thomas, was." And Carolyn Elefant notes reactions from Profs. Secunda (critical of the majority reasoning) and Runkel (finds majority persuasive). The New York Times reacts, as is its wont, with an overwrought and silly editorial.



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.