Supreme Court sides with business to restrict discrimination complaints | McClatchy Washington Bureau

×
Sign In
Sign In
    • Customer Service
    • Mobile & Apps
    • Contact Us
    • Newsletters
    • Subscriber Services

    • All White House
    • Russia
    • All Congress
    • Budget
    • All Justice
    • Supreme Court
    • DOJ
    • Criminal Justice
    • All Elections
    • Campaigns
    • Midterms
    • The Influencer Series
    • All Policy
    • National Security
    • Guantanamo
    • Environment
    • Climate
    • Energy
    • Water Rights
    • Guns
    • Poverty
    • Health Care
    • Immigration
    • Trade
    • Civil Rights
    • Agriculture
    • Technology
    • Cybersecurity
    • All Nation & World
    • National
    • Regional
    • The East
    • The West
    • The Midwest
    • The South
    • World
    • Diplomacy
    • Latin America
    • Investigations
  • Podcasts
    • All Opinion
    • Political Cartoons

  • Our Newsrooms

You have viewed all your free articles this month

Subscribe

Or subscribe with your Google account and let Google manage your subscription.

National

Supreme Court sides with business to restrict discrimination complaints

Michael Doyle - McClatchy Newspapers

May 29, 2007 03:00 AM

WASHINGTON—Supreme Court conservatives on Tuesday made it harder for women and minorities to win employment-discrimination complaints, perhaps setting up Capitol Hill's next civil rights battle.

In a 5-4 opinion that's a victory for business, the court set strict time limits on filing such discrimination cases. Employees can't reach more than six months back in time to complain about discriminatory practices, it ruled.

"The . . . filing deadline protects employers from the burden of defending claims arising from employment decisions that are long past," Justice Samuel Alito wrote for the majority.

The 180-day deadline is a significant restriction, particularly regarding wage complaints, and it prompted Justice Ruth Bader Ginsburg to urge Congress to overrule the court's majority.

"Once again," Ginsburg declared for the court's minority, "the ball is in Congress' court."

She was underscoring what happened in 1991 after half a dozen civil rights rulings by the court, then led by the late Chief Justice William Rehnquist. Congress passed what lawmakers called the Civil Rights Act of 1991, overturning the rulings and extending protections against discrimination; for instance, the 1991 law ended "business necessity" as a defense against discrimination claims.

Congress sometimes can be hard-pressed to overturn Supreme Court rulings, although lawmakers often complain about them. Justices, in turn, typically aren't in the habit of soliciting legislative intervention.

But with 75,768 discrimination cases filed with the Equal Employment Opportunity Commission last year, important consequences surround any decision that could expand or contract the pool of complaints.

The U.S. Chamber of Commerce said the decision would prevent a "potential windfall against employers," and New York City-based business lawyer Barbara Harris praised the ruling for giving employers "closure."

"The court is recognizing that you can't go back in time forever," said Harris, who's with the firm DLA Piper.

Women's rights groups criticized the decision.

"The ruling essentially says tough luck to employees who don't immediately challenge their employer's discriminatory acts, even if the discrimination continues to the present time," said Marcia Greenberger, co-president of the National Women's Law Center.

The board members of the National Women's Law Center include Anita Hill, the law professor who nearly derailed Supreme Court Justice Clarence Thomas' 1991 nomination with her sexual harassment allegations. On Tuesday, Thomas joined Alito, Chief Justice John G. Roberts and Justices Antonin Scalia and Anthony Kennedy in the majority opinion.

Justices David Souter, John Paul Stevens and Stephen Breyer joined Ginsburg in her dissent.

Caught in the middle is Lilly Ledbetter, an Alabama resident who turned 69 last month.

In 1979, Ledbetter started working for Goodyear Tire and Rubber Co. in Gadsen, Ala. She won performance awards and eventually become area manager, but her pay fell 15 to 40 percent behind her male counterparts. When she complained, one supervisor said it was easier to shortchange her than the men.

"'You're just a little female and these big old guys, I mean, they're going to beat up on me and push me around and cuss me,'" the supervisor explained, Ledbetter testified.

Ledbetter retired in 1998 and filed her Equal Employment Opportunity Commission complaint.

Title VII of the 1964 Civil Rights Act gives employees who think they've been discriminated against 180 days to file complaints. Ledbetter argued that she fit within the deadline, as her weekly earnings reflected discriminatory pay decisions made earlier.

Goodyear replied that Ledbetter should have filed her complaint closer to the time of the original pay decisions. A jury sided with Ledbetter, originally awarding her $3 million. The Supreme Court on Tuesday sided with Goodyear and said the 180-day clock starts ticking after the discriminatory act. It isn't reset with each new paycheck.

"This short deadline reflects Congress' strong preference for the prompt resolution of employment-discrimination allegations through voluntary conciliation and cooperation," Alito reasoned.

Read Next

Congress

’I’m not a softy by any means,’ Clyburn says as he prepares to help lead Democrats

By Emma Dumain

December 28, 2018 09:29 AM

Rep. Jim Clyburn is out to not only lead Democrats as majority whip, but to prove himself amidst rumblings that he didn’t do enough the last time he had the job.

KEEP READING

MORE NATIONAL

Elections

California Republicans fear even bigger trouble ahead for their wounded party

December 27, 2018 09:37 AM

Congress

‘Remember the Alamo’: Meadows steels conservatives, Trump for border wall fight

December 22, 2018 12:34 PM

National Security

Israel confounded, confused by Syria withdrawal, Mattis resignation

December 21, 2018 04:51 PM

Guantanamo

Did Pentagon ban on Guantánamo art create a market for it? See who owns prison art.

December 21, 2018 10:24 AM

Congress

House backs spending bill with $5.7 billion in wall funding, shutdown inches closer

December 20, 2018 11:29 AM

White House

Trump administration wants huge limits on food stamps — even though Congress said ‘no’

December 20, 2018 05:00 AM
Take Us With You

Real-time updates and all local stories you want right in the palm of your hand.

McClatchy Washington Bureau App

View Newsletters

Subscriptions
  • Newsletters
Learn More
  • Customer Service
  • Securely Share News Tips
  • Contact Us
Advertising
  • Advertise With Us
Copyright
Privacy Policy
Terms of Service