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The Changing Landscape of Compensation Equity Enforcement

BY Stephanie R. Thomas
November 28, 2010

The last two years have seen major changes in the legal and regulatory environment regarding compensation discrimination, and there are even more on the horizon. These changes encompass both individual claims and claims of systemic compensation discrimination. Three of the most important ones affect the very nature of a compensation discrimination claim, the compensation information collected by the government, and the possibility of wide-sweeping changes in the way businesses are permitted to compensate their employees. The latter are the result of the Ledbetter Fair Pay Act, the formation of the National Equal Pay Enforcement Task Force, and the Paycheck Fairness Act.

The Ledbetter Fair Pay Act

Signed into law on Jan. 29, 2009, the Ledbetter Fair Pay Act reversed a Supreme Court decision. It states that the 180-day statute of limitations for filing an equal pay lawsuit resets with each new discriminatory paycheck. This means that an employee can file a lawsuit for discriminatory pay decisions every time that decision is applied. This includes each time wages, benefits, or other compensation is paid, even if that decision occurred 20 or 30 years ago.

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