The Ledbetter Act: Can Claims Arising Before It Became Law Go Forward?

Pete Mackey

Attorney
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Since President Obama signed the Lilly Ledbetter Fair Pay Act, lawyers and legal commentators have been exploring the boundaries of this new law. The question is – can people file lawsuits for wage discrimination violations that were committed by their employer prior to the signing of the Act?

The answer is yes. According to the wording of the bill itself, it is to take effect as if it acted on May 28, 2007 (the day before the U.S. Supreme Court decided Ledbetter v. Goodyear Tire’s & Rubber Co.). Of course, you can rest assured that there will be all kinds of attacks on what claims can be litigated and which have been filed too late. Those issues are beyond the scope of this post.

I simply want to stress that you do not want to give up on a claim of what you believe to be wage discrimination simply because it occurred before the act was passed. If you believe you have been discriminated against, act promptly. Contact a lawyer who specializes in employment law. If you cannot find one locally, you can contact the National Employment Lawyers Association (“NELA”) for a referral. Stand up for your rights.