Lilly Ledbetter Fair Pay Act of 2009 - Update

Employees now have 180 days to file for discrimination from the date of termination under the Lilly Ledbetter Fair Pay Act of 2009 

Under the old rule, an employee had to file a complaint within 180 days of the act of discrimination.  Under the new law, employees have 180 days from the day of termination. Hence, under the new law employees can file a suit even if the discrimination took place many years ago. The Lilly Ledbetter Fair Pay Act is retroactive to May 28, 2007.  The new law adds a provision to Title VII, which provides:

"unlawful employment practice occurs, with respect to discrimination in compensation in violation of this title, when a discriminatory compensation decision or other practice is adopted, when an individual becomes subject to a discriminatory compensation decision or other practice, or when an individual is affected by application of a discriminatory compensation decision or other practice, including each time wages, benefits, or other compensation is paid, resulting in whole or in part from such a decision or other practice."

The amendments also apply to other anti-discrimination laws like the Age Discrimination in Employment Act and the Americans with Disabilities Act, which borrow Title VII's limitations period.