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Are you getting paid less than your colleagues for equal work? That has been a problem for women in the workplace for a long time, but it sometimes works the other way around.
Fortunately, one of the first bills President Obama signed into law when he took office in 2009 was the Lilly Ledbetter Fair Pay Act. This law allows individuals who have been discriminated against in pay in the workplace to sue their employer for the back pay they are owed.
While enacted to help women facing workplace pay discrimination, men can use the act, too. However, before you call an employment lawyer to take your case to court, here are two important things you need to know about how the Lilly Ledbetter Fair Pay Act works.
1. There Is a Six-month Statute of Limitations for Bringing a Lawsuit Under the Act
In the original Ledbetter vs. Goodyear case, the Supreme Court acknowledged that Ms. Ledbetter was, in fact, the subject of illegal pay discrimination. However, she was denied the opportunity to recoup damages from her employer because she waited longer than the current six month statue of limitations to bring her case. The six month statute of limitations is still the standard, but the Ledbetter Act gives it more flexibility.
1. The Statute of Limitations Starts Over Every Time You Suspect Discrimination
Part of the wording of the Lilly Ledbetter Fair Pay Act relies on the feelings of the person experiencing the discrimination. If someone feels they were discriminated against, the six month statue of limitations to bring a lawsuit begins at the time they first feel the discrimination.
The law also allows for this statue of limitations to start all over again each time the person feels an unjust discrimination against them in terms of pay. This means every time you get a paycheck you feel is unjust, the six month statue of limitations starts all over again. This gives you a virtually unlimited time to bring your case to court.
2. You Can Collect Pay Up to the Two Years Immediately Preceding Your Lawsuit
Once you file your lawsuit, you are eligible to collect back pay for two years prior to that date. If the pay discrimination has not been going on for that long, you will be able to collect it for the period of time it has been an issue.
If you believe you have been the subject of pay discrimination at your job, the Lilly Ledbetter Fair Pay Act is there to help you recoup some of your losses. Contact an employment lawyer such as Michael Terrence Conway & Co today to get your case started and get the compensation you deserve.
Share23 February 2015