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Saturday, April 26, 2008

Fighting Pay Bias

The subhead of your April 23 editorial "Fair Pay, Fair Play; the Senate should restore workers' ability to sue over pay discrimination, whenever the injustice is discovered" was inconsistent with the editorial's point.

The Lilly Ledbetter Fair Pay Act, which you support, would permit an employee to file a pay discrimination lawsuit years after the pay decision was made, even if the employee was aware of that decision. Indeed, in Lilly Ledbetter's case, her lower pay, compared with that of men doing similar work, was caused by low performance evaluations of which she was aware years before she filed her charge with the Equal Employment Opportunity Commission.

A simple solution would be to amend Title VII to make the statute of limitations run from the date the employee discovered, or with due diligence should have discovered, the discrimination that caused the pay disparity.

-- David A. Drachsler

Alexandria

The writer is vice chair of the Virginia Council on Human Rights.


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