House Votes to Reverse Ledbetter

Posted on July 31, 2007 by Christopher McKinney

The House voted Tuesday to reverse the Supreme Court's Ledbetter decision limiting the time that workers have to sue their employers for pay discrimination. The House voted 225-199 to restart the statute of limitations for pay discrimination lawsuits each time an employee gets a paycheck affected by sexism or racism, repudiating a decision by the high court's five most conservative justices.

The Bush administration has threatened to veto the legislation.

Source: Washington Post

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Fifth Circuit Continues to Hold to Harsh Discrimination Standard

Posted on July 23, 2007 by Christopher McKinney
One might think that after the Supreme Court rejected the Fifth Circuit's highly restrictive "ultimate employment action" standard for Title VII retaliation claims, the Circuit might take the hint with regard to substantive discrimination claims.

On might think that.

And one would be wrong.

This month in McCoy vs. City of Shreveport, No. 06-30453 (5th Cir. July 11, 2007) the court through out the Title VII discrimination claim of an African-American female police officer because no "ultimate employment action" had been taken against her. The court held that being placed on paid leave pending termination (and having to return her badge and gun) was not "materially adverse."In my opinion this standard is much too restrictive to be usable. Obviously the Supreme Court agrees and they have already spelled out their view on the appropriate standard. Perhaps the Supreme Court will take this opportunity to explain things to them again.

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