Question
An aggrieved individual can bring a charge of discrimination up to 180 / 300 days after receiving compensation that is affected by a discriminatory compensation
An aggrieved individual can bring a charge of discrimination up to 180 / 300 days after receiving compensation that is affected by a discriminatory compensation decision regardless of when the discrimination began.If a charge alleges compensation discrimination under Title VII, the filing period begins when any of the following occurs: (1) the employer adopts a discriminatory compensation decision or other discriminatory practice affecting compensation; and (2) the individual becomes subject to the discriminatory compensation decision or other discriminatory practice affecting compensation, which includes wages, benefits or other compensation.
After working for XYZ, Inc. for nearly ten years as Production Supervisor, Bob learns he is paid less than the other four Production Supervisors in his department, who are all women.Immediately after learning about the pay discrepancy, Bob files an EEOC charge alleging sex-based wage discrimination in violation of Title VII.The investigation shows that Bob generally received lower pay raises than his female counterparts as a result of lower performance ratings, which Bob alleges to have been discriminatory.Although these performance ratings and related pay raises all occurred more than 300 days before he filed his discrimination charge, they affected his pay within the filing period.XYZ, Inc.'s defense lawyers argue that Bob's charges are untimely.They further argue that even if there is a recently timely charge for the 300-day period, he is not entitled to any backpay differential beyond the 300-day timeframe.What do you think about those arguments?Can Bob recover a backpay differential if he is successful dating back for a period beyond the 300-day limitation timeframe?
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started