Title VII’s Protection Against Pay Discrimination: The Impact of Ledbetter v. Goodyear Tire & Rubber Co.

In one of its most controversial decisions in years, the Supreme Court in May issued a 5-4 ruling in Ledbetter v. Goodyear Tire & Rubber Co. that severely undercuts the ability of pay discrimination victims to enforce their rights under Title VII, the main federal anti-employment-discrimination statute. In its decision, the Court applied the statute of limitations in a way that ignored the realities of both pay discrimination claims, specifically, and workplace bias more generally. In so doing, it imposed an obstacle that will gravely inhibit the ability of bona fide discrimination victims to assert their rights. This article will examine Ledbetter’s negative impact on rights claiming under Title VII and map out the legislative fix necessary to restore statutory protection against pay discrimination