The Federalist Society

Wide Latitude for Retroactive Litigation Proposed in the Lilly Ledbetter Fair Pay Act

July 3, 2008

Donald R. Livingston

Title VII was built for speed. Discrimination charges are to be fi led within a mere 180 days “after the alleged unlawful employment practice occurred” (300 days if the charge is fi rst fi led with a state or local agency). The EEOC can sue just thirty days after that, provided the EEOC has been unable to settle. If the EEOC delays more than 180 days without fi ling suit, the EEOC shall notify the person aggrieved, who has just ninety days to sue. Once a lawsuit is filed, it is the duty of the court “to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited.” If these periods will not get the case to court quickly enough, the EEOC may seek immediate injunctions. This rapid process was once considered “the very backbone” of EEOC’s eff ectiveness....

Wide Latitude for Retroactive Litigation Proposed in the Lilly Ledbetter Fair Pay Act  


The Federalist Society