Authors

Kara M. Farina

Article Title

When Does Discrimination "Occur?": The Supreme Court's Limitation on an Employee's Ability to Challenge Discriminatory Pay Under Title VII

Abstract

This Comment contends that the Court's holding in Ledbetter marks a substantial deviation from the purpose of Title VII - to rectify past and prevent future workplace discrimination and provide a remedy for economically injured employees-and thereby weakens the prohibition against discrimination in the workplace. The Court's failure to consider the hidden nature of discriminatory pay claims significantly limits employees' ability to challenge disparate pay under Title VII. This comment asserts that discrimination "occurs" with each paycheck that delivers discriminatorily low pay.

Recommended Citation

Kara M. Farina, When Does Discrimination "Occur?": The Supreme Court's Limitation on an Employee's Ability to Challenge Discriminatory Pay Under Title VII, 38 Golden Gate U. L. Rev. (2008).
https://digitalcommons.law.ggu.edu/ggulrev/vol38/iss2/3