TITLE

Why the Law Should Intervene to Disrupt Pay-Secrecy Norms: Analyzing the Lilly Ledbetter Fair Pay Act Through the Lens of Social Norms

AUTHOR(S)
LYONS, SARAH
PUB. DATE
March 2013
SOURCE
Columbia Journal of Law & Social Problems;Spring2013, Vol. 46 Issue 3, p361
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
This Note addresses the Supreme Court's decision in Ledbetter v. Goodyear Tire & Rubber Co. and the subsequent legislative response, the Lilly Ledbetter Fair Pay Act (LLFPA). Through the LLFPA, Congress overrode the Ledbetter decision and enacted a paycheck-accrual rule for Title VII pay-discrimination cases, the purpose of which is to provide victims with a longer -- and more realistic -- statute of limitations for pay- discrimination claims. This Note explores the congressional justifications for the LLFPA and the workings of pay-discrimination claims, and argues that the legislation does not address all of the obstacles that prevent victims from effectively challenging pay discrimination because the statute's goals are frustrated by social norms of pay secrecy. This Note argues for a transformative legal intervention to enable Title VII to remedy all instances of pay discrimination.
ACCESSION #
87380208

 

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