The Supreme Court decided 5-4 that pay discrimination damages should be limited to the 180 days before an EEOC complaint and not for the entire history of the discrimination. Keep in mind to allege discrimination you have to show that others (in this case, men) were making more than you (in this case a woman) for the same work and the disparity is due to discrimination. Tough thing to show, eh? Especially considering the lack of protection for those filing suits and the difficulty in knowing what other people are being paid, especially when there is such a large interest in keeping that information secret for both the employer and the employees benefiting from the discrimination. The Court could have allowed the employee to show the plaintiff knew about discrimination and had a remedy other than (or the same remedy available to her earlier) but by not even demanding that of the employer, the employee plaintiff is left with little recourse and Title VII lakes the economic bite necessary to employers rout out discrimination, which was the entire point of Title VII. Okay, Congress, you see the problem. Get to it and force the court to repudiate this case with a new, stronger, Title VII.

 

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