SLF LABOR AND EMPLOYMENT ALERT      June 2007

Supreme Court Clarifies Limitations Period In Title VII Pay Discrimination Lawsuits

In an important decision, the United States Supreme Court recently clarified when the limitations period is triggered in pay discrimination lawsuits filed under Title VII of the Civil Rights Act of 1964 (“Title VII”). In a 5–4 decision, the Court determined that the date on which the pay setting decision is made is the triggering event for statute of limitations purposes. The Court rejected the notion that the later effects of past pay discrimination restarts the limitations period for filing a charge of discrimination (sometimes referred to as the continuing violation theory). Thus, in Florida, aggrieved individuals must file a charge of discrimination within 300 days of an allegedly discriminatory pay setting decision. Employees and former employees will now no longer be able to reach back beyond the limitations period and pursue untimely claims based upon pay decisions.

The decision in Ledbetter v. Goodyear Tire & Rubber Co., Inc. (U.S. Supreme Court Case No.: 05-1074) is a victory for employers and will impact the manner in which pay discrimination lawsuits are pursued and defended.

Disabled Employee Not Entitled To Vacant Job As ADA Accommodation

The Americans With Disabilities Act (“ADA”) requires, among other things, that reasonable accommodations be provided to qualified individuals with a disability. One such accommodation is that employees be reassigned to vacant positions. In an interesting decision, the Eighth Circuit Court of Appeals answered the question of whether an employer with an established policy to fill vacant job positions with the most qualified applicant is required to reassign a qualified disabled employee to a vacant position when the disabled employee is not the most qualified candidate.

In Huber v. Wal-Mart Stores, Inc. (8th Cir. Case No.: 06-2238) the Eighth Circuit held that Wal-Mart did not discriminate against the plaintiff when it filled a job vacancy with the most qualified applicant instead of reassigning the disabled employee who required a reasonable accommodation. (Note: This decision is not binding in the Eleventh Circuit Court of Appeals, the

Harmon Joins Sniffen Law Firm

Sniffen Law Firm is pleased to announce that Terry J. Harmon has joined the Firm. Mr. Harmon will focus his practice in labor and employment law, commercial litigation and administrative law. Mr. Harmon is a graduate of Florida State University, and received his J.D. degree from Stetson University College of Law.

You may view past issues of the SLF Labor and Employment Alert on the Firm’s website: www.sniffenlaw.com. After entering the Firm’s website, click on the “Publications” page.

 

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