DC CIRCUIT COURT RULES THAT LEDBETTER LAW CANNOT BE USED TO REVIVE PROMOTION CLAIMS UNDER ADEA

by Art Gutman Ph.D., Professor, Florida Institute of Psychology

The case is Schuler v. PricewaterhouseCoopers, decided on February 16, 2010. The case may be viewed online at http://op.bna.com/dlrcases.nsf/r?Open=kmgn-82qpgx. Schuler alleged he was discriminated against in a partnership decision. The problem was that the allegation related to an employment action that was time-barred by the 300-day statute of limitations to file a claim. Schuler argued that the prior partnership decision limited his subsequent pay, much like Lilli Ledbetter claimed in Ledbetter v. Goodyear Tire & Rubber Co (2007). Schuler had cited statutory language in the Ledbetter Act that “discriminatory compensation decision or other practice” affecting an individual's pay. The D.C. Circuit rejected this argument, ruling we do not understand ‘compensation decision or other practice' to refer to the decision to promote one employee but not another to a more remunerative position.”

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