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Originally Posted by aceventura3
According to the EEOC here is a link to the report: Equal Pay Act Charges (includes concurrent charges with Title VII, ADEA, and ADA) )
in 1997 they resolved 1,172 cases (keep in mind that many prefer to file lawsuits rather than have the EEOC resolve their claims) with a average resolution amount of $2,047. In 2007 the EEOC resolved 796 cases with an average resolution amount of $11,683. There are two questions, why did the number of resolved cases go down ( and actually the number of filed cases) and why did the average resolution amount go up, given the lessening disparity in pay? Then the question is what would happen under the proposed legislation? |
What does the first question have to do with the second? Nothing. You can't make a trend out of two data points. Perhaps instead of trying to infer a basis for your position from such a limited dataset you could find some direct evidence that a significant number of small businesses are currently suffering from erroneous pay discrimination claims.
What would happen under the proposed legislation? Presumably, a person would be able to receive the money they were due if they could prove in a court of law that they had experienced wage discrimination, but failed to file a claim within the standard statute of limitations.
Your position seems to be: I don't want to allow legitimate legal recourse to people who have been subject to wage discrimination because I am afraid that there might be some people who file erroneous claims. Seems like you're throwing the baby out with the bathwater.
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If a case is worthy of punitive damages a person filing a claim has a right to claim punitive damages in a lawsuit. I don't see the necessity to change the existing law. I simply see changes as a new opportunity to file lawsuits and do it after employment ends rather than having issues resolved during employment. I think situations similar to Obama's could easily be the basis for new types of lawsuits under these new laws subjecting small business to additional uncertainty and more lawsuits. I don't think these new laws will promote equal pay, and they will be harmful to small business.
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Where does the law you cited have anything relevant to say about claims made after employment has ended? I'm fairly certain that all it does is provide a de facto extension of the statute of limitations if wage discrimination persists beyond the end of the initial statute of limitations. I think you're swinging at phantoms here.