Cardozo Journal of Equal Rights & Social Justice
Abstract
The note critiques the U.S. Supreme Court's decision in Ledbetter v. Goodyear Tire & Rubber Co., arguing that it unjustly limits the ability of employees, particularly women, to seek redress for pay discrimination under Title VII of the Civil Rights Act of 1964. The decision held that a claim for pay discrimination must be filed within 180 days of the initial discriminatory pay-setting decision, even if the employee did not discover the disparity until later. The note contends that this ruling ignores the reality that pay discrimination is often hidden and cumulative, making it difficult for employees to identify and challenge in a timely manner. It advocates for a more equitable approach that aligns pay discrimination claims with hostile work environment claims, where the cumulative nature of the harm is recognized.
Disciplines
Law | Law and Gender
Recommended Citation
Amalia Goldvaser,
Inflating Goodyear's Bottom Line: Paying Women Less and Getting Away With It,
15
Cardozo J. Equal Rts. & Soc. Just.
99
(2008).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol15/iss1/6