M2RB: Donna Summer
President Obama, you made a big, old deal about the Lilly Ledbetter Act. Fortunately for you, most of your voters aren't smarter than a 5th grader. There's been a Federal law mandating equal pay for equal work since John F Kennedy signed the Equal Pay Act into law in
1963. What the Ledbetter Act did was to expand the statute of
limitations in which to sue, as you well know. What you may not know is
that the poor, pitiful, fourloned Ms Ledbetter, everyone's favourite
old lady, is a LIAR.
In her speech at the DNC, she claimed that she didn’t learn of it until “two decades” after she began working at the company. LIE!
Watch closely and I'll show you how to dismantle a Feminist/Liberal Icon and EXPOSE HER AS A FRAUD and front for the Trial Lawyer Lobby!
1. Lilly Ledbetter worked for Goodyear Tyre & Rubber from 1979 until 1998.
2. After taking early retirement in November 1998, Ledbetter commenced
this action, LILLY M. LEDBETTER, PETITIONER v. THE GOODYEAR TIRE & RUBBER COMPANY, INC., in which she asserted, among other claims, a Title VII pay
discrimination claim and a claim under the Equal Pay Act of 1963 (EPA),
29 U. S. C. §206(d).
3. "Ledbetter does not assert that the relevant Goodyear decisionmakers
acted with actual discriminatory intent either when they issued her
checks during the EEOC charging period or when they denied her a raise
in 1998. Rather, she argues that the paychecks were unlawful because
they would have been larger if she had been evaluated in a
nondiscriminatory manner prior to the EEOC charging period."
4. "Brief for Petitioner 13 (“[E]ach paycheck that offers a woman less pay
than a similarly situated man because of her sex is a separate
violation of Title VII with its own limitations period, regardless of
whether the paycheck simply implements a prior discriminatory decision
made outside the limitations period”); see also Reply Brief for
Petitioner 20. This argument is squarely foreclosed by our precedents."
5. "Ledbetter’s arguments here—that the paychecks that she received during
the charging period and the 1998 raise denial each violated Title VII
and triggered a new EEOC charging period—cannot be reconciled with Evans, Ricks, Lorance, and Morgan.
Ledbetter, as noted, makes no claim that intentionally discriminatory
conduct occurred during the charging period or that discriminatory
decisions that occurred prior to that period were not communicated to
her. Instead, she argues simply that Goodyear’s conduct during the
charging period gave present effect to discriminatory conduct outside of
that period. Brief for Petitioner 13. But current effects alone
cannot breathe life into prior, uncharged discrimination; as we held in Evans,
such effects in themselves have “no present legal consequences.” 431
U. S., at 558. Ledbetter should have filed an EEOC charge within 180
days after each allegedly discriminatory pay decision was made and
communicated to her. She did not do so, and the paychecks that were
issued to her during the 180 days prior to the filing of her EEOC charge
do not provide a basis for overcoming that prior failure."
6. Ledbetter lost before the Supreme Court, as she should have.
7. And, this is why: She learned of the pay disparity by 1992, as excerpts from her
deposition, filed in the Supreme Court as pages 228-241 of the Joint
Appendix, make clear., but she only filed a legal complaint over it in
1998. She let the statute of limitations expire.
What
President Obama did was to give womyn like Ms Ledbetter to know for
years and years and years and do NOTHING until they retire and then
sue. If you are in an automobile accident, in most states, you have 1
year to file suit against the person that has damaged your property and
caused you physical harm. But, if you are Ms Ledbetter, you can work
for a company for 20 years, know that you aren't being paid the same,
and then go and sue them to get damages. Wow! I bet trial lawyers are
going to put Lilly on retainer. James Carville used to say, "If you
drag a hundred dollar bill through a trailer park..." Now, we can just
drag Lilly through the Welcome New Members Night at the Canasta Club.
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