Joe Nation wrote:Wow. And you've stuck it out all those 30 years saying "You want fries with that?"! Good for you, Mysteryman!
No, we are talking about current employees where there is pattern of discrimination and, as there is in this case, a violation of the Equal Pay for Equal Work Act of 1963. No individual would have to disclose their own salary, those figures would part of the discovery process that would be provided by the company.(remember, it's the neocons amongst us who insist that there is no right to privacy, ask those guys listening to your phone calls.)
What's being asked for here is application of the law, what the SCOTUS did was (horrors, are they activist judges??) change the law by moving the goal posts by enacting a 180 day time to file.
Joe(just another gotcha)Nation
One person does not represent a pattern of discrimination. So do not "blame" the USSC for "moving the goal posts" when the statute gave a 2 year Statute of limitations.
PART IV - MISCELLANEOUS
SEC. 255 [Section 6] Statute of Limitations.
Any action commenced on or after May 14, 1947 [the date of the
enactment of this Act], to enforce any cause of action for unpaid
minimum wages, unpaid overtime compensation, or liquidated damages, under
the Fair Labor Standards Act of 1938, as amended, [29 U.S.C. 201 et
seq.], the Walsh-Healey Act [41 U.S.C. 35 et seq.], or the
Bacon-Davis Act [40 U.S.C. 276a et seq.]-
(a) if the cause of action accrues on or after May 14, 1947 [the date
of the enactment of this Act]-may be commenced within two years after
the cause of action accrued, and every such action shall be forever barred
unless commenced within two years after the cause of action accrued,
except that a cause of action arising out a willful violation may be
commenced within three years after the cause of action accrued;
These cases are almost impossible to prove based upon the Statute.
MINIMUM WAGE
SEC. 206. [Section 6]
(d) (1) No employer having employees subject to any provisions of this
section shall discriminate, within any establishment in which such
employees are employed, between employees on the basis of sex by paying
wages to employees in such establishment at a rate less than the rate at
which he pays wages to employees of the opposite sex in such establishment
for equal work on jobs the performance of which requires equal skill,
effort, and responsibility, and which are performed under similar working
conditions, except where such payment is made pursuant to (i) a seniority
system; (ii) a merit system; (iii) a system which measures earnings by
quantity or quality of production; or (iv) a differential based on any
other factor other than sex: Provided, That an employer who is
paying a wage rate differential in violation of this subsection shall not,
in order to comply with the provisions of this subsection, reduce the wage
rate of any employee.
http://www.eeoc.gov/policy/epa.html
