With the passing of United States Supreme Court Justice Ruth Bader Ginsburg (March 15, 1933 – September 18, 2020) this country lost an irreplaceable and implacable advocate for the bedrock notion that every person regardless of their sex, race, national origin, disability or sexual orientation, or other unique or protected characteristic, should be treated equally under the law. In the employment context, a great example of Justice Ginsburg’s spirited pursuit of equality for all is found in her dissenting opinion in Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007). This dissent helped to galvanize the later passage and signing into law of the Lilly Ledbetter Fair Pay Act which makes clear that pay discrimination claims on the basis of sex, race, national origin, age, religion and disability, accrue whenever a discriminatory pay decision or practice is adopted, or when a person becomes subject to the decision or practice, or when a person is affected by the disparate pay decision or practice, including whenever s/he receives a discriminatory paycheck
Lilly Ledbetter was one of a few female supervisors at the Goodyear plant in Gadsden, Alabama. She suspected she was getting fewer and lower pay raises than similarly situated male supervisors but had no proof until she received an anonymous note revealing the salaries of three of the male managers. After she filed a complaint with the EEOC, her case went to trial, and the jury awarded her back-pay and approximately $3.3 million in compensatory and punitive damages for the extreme nature of the pay discrimination.
The Court of Appeals for the Eleventh Circuit reversed the jury verdict, holding that her case was filed too late – even though Ms. Ledbetter continued to receive discriminatory pay – because the company’s original decision on her pay had been made years earlier. In a 5-4 decision authored by Justice Alito, the Supreme Court upheld the Eleventh Circuit decision and ruled that employees cannot challenge ongoing pay discrimination if the employer’s original discriminatory pay decision occurred outside of the statute of limitations period – which in Alabama was a mere 180- day period – even when the employee continues to receive paychecks that have been discriminatorily reduced.