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Originally Posted by aceventura3
In the bill cited a person would be entitled to two years of back pay outside of the charge filing period.
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Read the last part of section B:
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where the unlawful employment practice that has occurred during the charge filing period is similar or related to an unlawful employment practice with regard to discrimination in compensation that occurred outside the charge filing period.'
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It seems to say that the discrimination must continue beyond the normal charge filing period. If your employer has been discriminating against you, and the filing period has ended, you can still get back pay if you can show that the same (or similar) discrimination that occurred before the end of the filing period continued to occur after the end of the filing period.
If you don't work for someone, then they can't discriminate against you via pay. How could someone quit their job, wait a while, and then sue their former employer for back pay?
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People currently have legitimate legal recourse. But, my position is that I think people should make attempts to resolve problems while the problems can be resolved. For example if a female is coaching a female college volleyball team and is being paid $30,000, and a male is coaching a male college volleyball team and is being paid $40,000 and the salaries are public. I personally would want the female to make a claim with the administration at a time when the administration can do something, not for example after she retires or gets fired.
In some cases the discrepancy can be willful, in other cases the discrepancy might be an oversight. If the discrepancy is willful and the complaint is ignored, I would be the first one to support, nominal compensatory and punitive damages.
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I agree that one shouldn't twiddle their thumbs where there are employers to sue. But in most cases, the salaries aren't public. How would you propose someone respond in a situation where they don't find out that the discrimination occurred until it is too late to actually do anything about it?
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I think the general trend for legitimate pay discrimination is positive (less of it) and I think with increased awareness of the issue with proactive action the number of formal complaints should be going down. Given what I think, I would not support legislation intended to change those trends when there is no underlying need to. Perhaps, trial attorneys don't agree, and certainly Obama does not agree.
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I know what you think, I just haven't seen any evidence to validate what you think. Maybe the 2007 award/case ratio is higher because a greater portion of that year's pay discrimination caseload dealt with higher salaried employees. Without more information, any conclusion is necessarily more personal prejudice based than anything else.