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In a May 29, 2007 opinion, the Supreme Court held that an employee must file any alleged charge of pay discrimination within 180 days of management’s actual pay-decision, even where the employee does not realize the discrepancy exists until months later. The now Democratically controlled Congress vows to overrule the 5-4 split decision in order to allow employees to file pay discrimination claims any time within 180 days after they receive a check that contains a discriminatory wage. The perception of the current Congress is that this decision is merely a new technical hurdle for equal pay claims. Senator Harkin stated that this legislation is needed to reflect the “real problems with long-term pay discrimination.” The Democratically controlled congress promised the bill would be introduced very shortly by its major sponsors, Senators Kennedy, Harkin, Clinton, and Mikulski.

This appears to be another piece of legislation where the new Democratic Congress is flexing its muscles before the 2008 elections. Whether or not this bill will pass is yet to be seen. But, what is undeniable is that wage and discrimination laws are much more likely and viable with the current political makeup.

Brody and Associates regularly counsels management on compliance with pay discrimination as well as all wage and hour issues in general. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.965.0560.