Pay Discrimination Claims: What's Timely -- The Supreme Court’s Ledbetter Decision
Why Attend?
Our panel will discuss the historical background of the case and the earlier Supreme Court precedents, particularly its Bazemore decision which the Court in Ledbetter found to be distinguishable. Our panel will discuss the holding and the implication for future litigation. Among issues to be discussed are:
What was the basis for the majority’s distinguishing the Ledbetter facts from the holding in Bazemore?
Why does Justice Ginsburg take the majority to task for its reliance on Lorance?
Under what circumstances can the issuance of a paycheck still be a discrete discriminatory act?
Will plaintiffs be able in some states to pursue pay claims under state law that rejects the Ledbetter reasoning?
What is the role in future cases of the Equal Pay Act, a claim seemingly abandoned in Ledbetter?
How is the 75 mile threshold measured?
Is the majority’s refusal to grant any deference to EEOC consistent with its prior jurisprudence?
The Court declines to rule as to whether it would recognize a “discovery rule” for the purposes of the charge filing statute of limitations. Will it in the future?
Justice Ginsburg calls upon the Congress to overrule the majority. Will it?
Did the Court suggest how it might decide whether the filing of an EEOC questionnaire satisfies for timeliness purposes the charge filing requirement?
What You Will Learn
On Tuesday, May 29th, the U.S. Supreme Court in a 5-4 decision affirmed the Eleventh Circuit’s rejection of the contention that in pay discrimination cases, each paycheck is a separate, discrete discriminatory act. Justice Alito wrote the majority opinion, and Justice Ginsburg wrote the dissent.
Planning Chairs
Robert B. Fitzpatrick, Robert B. Fitzpatrick, PLLC,
Frank C. Morris Jr., Epstein Becker & Green, P.C.,
Additional faculty may join the program.
Program Schedule
(All Times Eastern Daylight)
12:00 noon Implications of the Supreme Court’s Decision in Ledbetter
1:15 p.m. Questions and Answers
1:30 p.m. Adjournment
Total 60-minute hours of instruction: 1.5. Total; 50-minute hours, 1.8
Suggested Prerequisite: Limited experience in legal practice in subject matter
Educational Objective: Provision of information on recent legal developments; maintenance of professional competence as a practitioner
Level of Instruction: Intermediate
Times
Eastern 12:00 noon – 1:30pm
Central 11:00am – 12:30pm
Mountain 10:00am – 11:30am
Pacific & Arizona 9:00am – 10:30am
Alaska 8:00am – 9:30am
Hawaii 6:00am – 7:30am
