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Article: "Tomlinson" Reversal May Suggest Fair Pay Act Is Fatal To Ripeness Arguments In ADEA Pension Cases.
- Article from:
- Mondaq Business Briefing
- Article date:
- November 2, 2009
CopyrightCOPYRIGHT 2009 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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President Barack Obama signed on January 29, 2009, the Lilly Ledbetter Fair Pay Act of 2009, which reverses the Supreme Court decision in Ledbetter vs. Goodyear Tire and Rubber Co., 550 U.S. 608 (2007).
In its Ledbetter decision, the Court held that a plaintiff must file a challenge to a compensation decision with the EEOC within the statutory period measured by reference to the decision or be precluded from bringing a lawsuit based on that decision. It also held that the current effects-- i.e., reduced pay--of a past discriminatory decision are not actionable in themselves.
With the Fair Pay Act, Congress determined the Ledbetter decision unduly limits ...