TOPIC: The historical background of the case and the earlier Supreme Court precedents, particularly its Bazemore decision which the Court in Ledbetter found to be distinguishable. Our panel will discuss the holding and the implication for future litigation. Among issues to be discussed are:
- Under what circumstances can the issuance of a paycheck still be a discrete discriminatory act?
- Did the Court suggest how it might decide whether the filing of an EEOC questionnaire satisfies for timeliness purposes the charge filing requirement?
- What was the basis for the majority’s distinguishing the Ledbetter facts from the holding in Bazemore?
- Will plaintiffs be able in some states to pursue pay claims under state law that rejects the Ledbetter reasoning?
- What is the role in future cases of the Equal Pay Act, a claim seemingly abandoned in Ledbetter?
- Why does Justice Ginsburg take the majority to task for its reliance on Lorance?
- Is the majority’s refusal to grant any deference to EEOC consistent with its prior jurisprudence?
- The Court declines to rule as to whether it would recognize a “discovery rule” for the purposes of the charge filing statute of limitations. Will it in the future?
- Justice Ginsburg calls upon the Congress to overrule the majority. Will it?