ledbetter
goodyear
tire
rubber
argued
november
decided
may
time
petitioner
ledbetter
employed
respondent
goodyear
salaried
employees
plant
worked
given
denied
raises
based
performance
evaluations
ledbetter
submitted
questionnaire
equal
employment
opportunity
commission
eeoc
march
formal
eeoc
charge
july
november
retirement
filed
suit
asserting
among
things
sex
discrimination
claim
title
vii
civil
rights
act
district
allowed
title
vii
pay
discrimination
claim
proceed
trial
ledbetter
alleged
several
supervisors
past
given
poor
evaluations
sex
result
pay
increased
much
evaluated
fairly
past
pay
decisions
affected
amount
pay
throughout
employment
end
employment
earning
significantly
less
male
colleagues
goodyear
maintained
evaluations
nondiscriminatory
jury
found
ledbetter
awarding
backpay
damages
appeal
goodyear
contended
pay
discrimination
claim
time
barred
regard
pay
decisions
made
september
days
ledbetter
filed
eeoc
questionnaire
discriminatory
act
relating
pay
occurred
date
eleventh
circuit
reversed
holding
title
vii
pay
discrimination
claim
based
allegedly
discriminatory
events
occurred
last
pay
decision
affected
employee
pay
eeoc
charging
period
concluding
insufficient
evidence
prove
goodyear
acted
discriminatory
intent
making
two
pay
decisions
period
denials
raises
held
later
effects
past
discrimination
restart
clock
filing
eeoc
charge
ledbetter
claim
untimely
pp
individual
wishing
bring
title
vii
lawsuit
must
first
file
eeoc
charge
within
relevant
days
alleged
unlawful
employment
practice
occurred
addressing
issue
eeoc
charge
timeliness
stressed
need
identify
care
specific
employment
practice
issue
ledbetter
arguments
paychecks
received
charging
period
raise
denial
violated
title
vii
triggered
new
eeoc
charging
period
fail
require
effect
jettison
defining
element
claim
title
vii
recovery
based
discriminatory
intent
air
lines
evans
delaware
state
college
ricks
lorance
technologies
national
railroad
passenger
corporation
morgan
clearly
instruct
eeoc
charging
period
triggered
discrete
unlawful
practice
takes
place
new
violation
occur
new
charging
period
commence
upon
occurrence
subsequent
nondiscriminatory
acts
entail
adverse
effects
resulting
past
discrimination
employer
engages
series
separately
actionable
intentionally
discriminatory
acts
fresh
violation
takes
place
act
committed
ledbetter
makes
claim
intentionally
discriminatory
conduct
occurred
charging
period
discriminatory
decisions
occurring
period
communicated
argues
simply
goodyear
nondiscriminatory
conduct
charging
period
gave
present
effect
discriminatory
conduct
outside
period
current
effects
alone
breathe
life
prior
uncharged
discrimination
ledbetter
filed
eeoc
charge
within
days
allegedly
discriminatory
employment
decision
made
communicated
attempt
shift
forward
intent
associated
prior
discriminatory
acts
pay
decision
unsound
shift
intent
away
act
consummated
discriminatory
employment
practice
later
act
performed
bias
discriminatory
motive
imposing
liability
absence
requisite
intent
argument
also
distort
title
vii
integrated
multistep
enforcement
procedure
occidental
life
ins
cal
eeoc
short
eeoc
filing
deadline
reflects
congress
strong
preference
prompt
resolution
employment
discrimination
allegations
voluntary
conciliation
cooperation
nothing
title
vii
supports
treating
intent
element
ledbetter
claim
differently
employment
practice
element
claim
pp
bazemore
friday
per
curiam
concerned
pay
claim
entirely
consistent
evans
ricks
lorance
morgan
bazemore
rule
employer
violates
title
vii
triggers
new
eeoc
charging
period
whenever
employer
issues
paychecks
using
discriminatory
pay
structure
ledbetter
contends
paycheck
accrual
rule
paycheck
even
accompanied
discriminatory
intent
triggers
new
eeoc
charging
period
complainant
may
properly
challenge
prior
discriminatory
conduct
impacted
paycheck
amount
matter
long
ago
discrimination
occurred
ledbetter
adduced
evidence
goodyear
initially
adopted
pay
system
order
discriminate
based
sex
later
applied
system
within
charging
period
discriminatory
animus
bazemore
help
pp
ledbetter
paycheck
accrual
rule
also
supported
either
analogies
statutory
regimes
equal
pay
act
fair
labor
standards
act
national
labor
relations
act
policy
arguments
giving
special
treatment
pay
claims
pp
affirmed
alito
delivered
opinion
roberts
scalia
kennedy
thomas
joined
ginsburg
filed
dissenting
opinion
stevens
souter
breyer
joined
lilly
ledbetter
petitioner
year
tire
rubber
company
writ
certiorari
appeals
eleventh
circuit
may
justice
alito
delivered
opinion
case
calls
upon
us
apply
established
precedent
slightly
different
context
previously
held
time
filing
charge
employment
discrimination
equal
employment
opportunity
commission
eeoc
begins
discriminatory
act
occurs
explained
rule
applies
iscrete
ac
discrimination
including
discrimination
termination
failure
promote
denial
transfer
refusal
hire
national
railroad
passenger
corporation
morgan
decision
discrete
act
follows
period
filing
eeoc
charge
begins
act
occurs
petitioner
abandoned
claim
equal
pay
act
asks
us
deviate
prior
decisions
order
permit
assert
claim
title
vii
petitioner
also
contends
discrimination
pay
different
types
employment
discrimination
thus
governed
different
rule
decision
discrete
act
occurs
particular
point
time
arguments
must
rejected
therefore
affirm
judgment
appeals
petitioner
lilly
ledbetter
ledbetter
worked
respondent
goodyear
tire
rubber
company
goodyear
gadsden
alabama
plant
much
time
salaried
employees
plant
given
denied
raises
based
supervisors
evaluation
performance
march
ledbetter
submitted
questionnaire
eeoc
alleging
certain
acts
sex
discrimination
july
year
filed
formal
eeoc
charge
taking
early
retirement
november
ledbetter
commenced
action
asserted
among
claims
title
vii
pay
discrimination
claim
claim
equal
pay
act
epa
district
granted
summary
judgment
favor
goodyear
several
ledbetter
claims
including
equal
pay
act
claim
allowed
others
including
title
vii
pay
discrimination
claim
proceed
trial
support
latter
claim
ledbetter
introduced
evidence
course
employment
several
supervisors
given
poor
evaluations
sex
result
evaluations
pay
increased
much
evaluated
fairly
past
pay
decisions
continued
affect
amount
pay
throughout
employment
toward
end
time
goodyear
paid
significantly
less
male
colleagues
goodyear
maintained
evaluations
nondiscriminatory
jury
found
ledbetter
awarded
backpay
damages
appeal
goodyear
contended
ledbetter
pay
discrimination
claim
time
barred
respect
pay
decisions
made
prior
september
days
filing
eeoc
goodyear
argued
discriminatory
act
relating
ledbetter
pay
occurred
date
appeals
eleventh
circuit
reversed
holding
title
vii
pay
discrimination
claim
based
pay
decision
occurred
prior
last
pay
decision
affected
employee
pay
eeoc
charging
period
appeals
concluded
insufficient
evidence
prove
goodyear
acted
discriminatory
intent
making
two
pay
decisions
occurred
within
time
span
namely
decision
made
deny
ledbetter
raise
similar
decision
made
ledbetter
filed
petition
writ
certiorari
seek
review
appeals
holdings
regarding
sufficiency
evidence
relation
pay
decisions
rather
sought
review
following
question
whether
circumstances
plaintiff
may
bring
action
title
vii
civil
rights
act
alleging
illegal
pay
discrimination
disparate
pay
received
statutory
limitations
period
result
intentionally
discriminatory
pay
decisions
occurred
outside
limitations
period
pet
cert
light
disagreement
among
courts
appeals
proper
application
limitations
period
title
vii
pay
cases
compare
forsyth
federation
employment
guidance
shea
rice
cadc
granted
certiorari
ii
title
vii
civil
rights
act
makes
unlawful
employment
practice
discriminate
individual
respect
compensation
individual
sex
individual
wishing
challenge
employment
practice
provision
must
first
file
charge
eeoc
charge
must
filed
within
specified
period
either
days
depending
state
alleged
unlawful
employment
practice
occurred
employee
submit
timely
eeoc
charge
employee
may
challenge
practice
addressing
issue
whether
eeoc
charge
filed
time
stressed
need
identify
care
specific
employment
practice
issue
morgan
ledbetter
points
two
different
employment
practices
possible
candidates
primarily
urges
us
focus
paychecks
issued
eeoc
charging
period
period
preceding
filing
eeoc
questionnaire
contends
separate
act
discrimination
alternatively
ledbetter
directs
us
decision
denying
raise
argues
decision
unlawful
carried
forward
intentionally
discriminatory
disparities
prior
years
reply
brief
petitioner
arguments
fail
require
us
effect
jettison
defining
element
legal
claim
title
vii
recovery
based
ledbetter
asserted
disparate
treatment
central
element
discriminatory
intent
see
chardon
fernandez
per
curiam
teamsters
watson
fort
worth
bank
trust
blackmun
joined
brennan
marshall
concurring
part
concurring
judgment
challenge
focuses
exclusively
intent
employer
however
ledbetter
assert
relevant
goodyear
decisionmakers
acted
actual
discriminatory
intent
either
issued
checks
eeoc
charging
period
denied
raise
rather
argues
paychecks
unlawful
larger
evaluated
nondiscriminatory
manner
prior
eeoc
charging
period
brief
petitioner
similarly
maintains
decision
unlawful
carried
forward
effects
prior
uncharged
discrimination
decisions
reply
brief
petitioner
essence
suggests
sufficient
discriminatory
acts
occurred
prior
charging
period
continuing
effects
period
brief
petitioner
ach
paycheck
offers
woman
less
pay
similarly
situated
man
sex
separate
violation
title
vii
limitations
period
regardless
whether
paycheck
simply
implements
prior
discriminatory
decision
made
outside
limitations
period
see
also
reply
brief
petitioner
argument
squarely
foreclosed
precedents
air
lines
evans
rejected
argument
basically
ledbetter
evans
forced
resign
airline
refused
employ
married
flight
attendants
file
eeoc
charge
regarding
termination
years
later
airline
rehired
treated
new
employee
seniority
purposes
evans
sued
arguing
suit
based
original
discrimination
time
barred
airline
refusal
give
credit
prior
service
gave
present
effect
past
illegal
act
thereby
perpetuate
consequences
forbidden
discrimination
agreed
evans
airline
seniority
system
indeed
continuing
impact
pay
fringe
benefits
noted
critical
question
whether
present
violation
exist
ed
ibid
emphasis
original
concluded
continuing
effects
precharging
period
discrimination
make
present
violation
justice
stevens
wrote
entitled
treat
evans
termination
lawful
respondent
failed
file
charge
discrimination
within
days
allowed
discriminatory
act
made
basis
timely
charge
merely
unfortunate
event
history
present
legal
consequences
ibid
difficult
speak
point
directly
equally
instructive
delaware
state
college
ricks
concerned
college
librarian
ricks
alleged
discharged
race
march
ricks
denied
tenure
given
final
nonrenewable
contract
expired
june
ricks
delayed
filing
charge
eeoc
april
argued
eeoc
charging
period
ran
date
actual
termination
rather
date
tenure
denied
rejecting
argument
recognized
one
effects
denial
tenure
namely
ultimate
termination
occur
later
emphasis
original
ricks
failed
identify
specific
discriminatory
act
continued
occurred
time
actual
termination
employment
held
eeoc
charging
period
ran
time
tenure
decision
made
communicated
ricks
approach
dictated
outcome
lorance
technologies
grew
change
way
seniority
calculated
agreement
employees
plant
question
accrued
seniority
based
simply
years
employment
plant
new
agreement
made
seniority
workers
highly
paid
traditionally
male
position
tester
depend
time
spent
position
alone
positions
plant
several
years
later
female
testers
laid
due
low
seniority
calculated
new
provision
filed
eeoc
charge
alleging
scheme
adopted
discriminatory
intent
namely
protect
incumbent
male
testers
women
substantial
plant
seniority
began
move
traditionally
male
tester
positions
held
plaintiffs
eeoc
charge
timely
filed
within
specified
period
adoption
new
seniority
rule
noted
plaintiffs
alleged
new
seniority
rule
treated
men
women
differently
rule
applied
discriminatory
manner
rather
complaint
rule
adopted
originally
discriminatory
intent
evans
ricks
held
eeoc
charging
period
ran
time
discrete
act
alleged
intentional
discrimination
occurred
date
effects
practice
felt
stated
claimed
invalidity
facially
nondiscriminatory
neutrally
applied
tester
seniority
system
wholly
dependent
alleged
illegality
signing
underlying
agreement
date
signing
governs
limitations
period
recent
decision
area
confirms
understanding
morgan
explained
statutory
term
employment
practice
generally
refers
discrete
act
single
takes
place
particular
point
time
pointed
termination
failure
promote
denial
transfer
refusal
hire
examples
discrete
acts
held
title
vii
plaintiff
file
charge
cover
discrete
acts
within
appropriate
time
period
instruction
provided
evans
ricks
lorance
morgan
clear
eeoc
charging
period
triggered
discrete
unlawful
practice
takes
place
new
violation
occur
new
charging
period
commence
upon
occurrence
subsequent
nondiscriminatory
acts
entail
adverse
effects
resulting
past
discrimination
course
employer
engages
series
acts
intentionally
discriminatory
fresh
violation
takes
place
act
committed
see
morgan
supra
ledbetter
arguments
paychecks
received
charging
period
raise
denial
violated
title
vii
triggered
new
eeoc
charging
period
reconciled
evans
ricks
lorance
morgan
ledbetter
noted
makes
claim
intentionally
discriminatory
conduct
occurred
charging
period
discriminatory
decisions
occurred
prior
period
communicated
instead
argues
simply
goodyear
conduct
charging
period
gave
present
effect
discriminatory
conduct
outside
period
brief
petitioner
current
effects
alone
breathe
life
prior
uncharged
discrimination
held
evans
effects
present
legal
consequences
ledbetter
filed
eeoc
charge
within
days
allegedly
discriminatory
pay
decision
made
communicated
paychecks
issued
days
prior
filing
eeoc
charge
provide
basis
overcoming
prior
failure
effort
circumvent
need
prove
discriminatory
intent
charging
period
ledbetter
relies
intent
associated
decisions
made
persons
times
reply
brief
petitioner
intentional
discrimination
occurs
differential
treatment
takes
place
even
intent
engage
conduct
discriminatory
purpose
made
previously
ledbetter
attempt
take
intent
associated
prior
pay
decisions
shift
pay
decision
unsound
shift
intent
one
act
act
consummates
discriminatory
employment
practice
later
act
performed
bias
discriminatory
motive
effect
shift
impose
liability
absence
requisite
intent
cases
recognize
point
evans
example
take
airline
discriminatory
intent
discharged
plaintiff
sex
attach
intent
later
act
neutrally
applying
seniority
rules
similarly
ricks
take
discriminatory
intent
college
allegedly
possessed
denied
ricks
tenure
attach
intent
subsequent
act
terminating
employment
nonrenewable
contract
ran
contrary
held
alleged
discrimination
occurred
filing
limitations
periods
therefore
commenced
time
tenure
decision
made
communicated
ricks
ledbetter
argument
effectively
eliminate
defining
element
claim
distort
title
vii
integrated
multistep
enforcement
procedure
occidental
life
ins
cal
eeoc
previously
noted
legislative
compromises
preceded
enactment
title
vii
mohasco
silver
eeoc
commercial
office
products
stevens
joined
rehnquist
scalia
dissenting
respectful
legislative
process
crafted
scheme
must
give
effect
statute
enacted
mohasco
supra
repeatedly
rejected
suggestions
extend
truncate
congress
deadlines
see
electrical
workers
robbins
myers
union
grievance
procedures
toll
eeoc
filing
deadline
alexander
arbitral
decisions
foreclose
access
following
timely
filed
eeoc
complaint
statutes
limitations
serve
policy
repose
american
pipe
constr
utah
represent
pervasive
legislative
judgment
unjust
fail
put
adversary
notice
defend
within
specified
period
time
right
free
stale
claims
time
comes
prevail
right
prosecute
kubrick
quoting
railroad
telegraphers
railway
express
agency
eeoc
filing
deadline
protect
employers
burden
defending
claims
arising
employment
decisions
long
past
ricks
supra
certainly
eeoc
charging
deadline
short
measure
choosing
obviously
quite
short
deadlines
congress
clearly
intended
encourage
prompt
processing
charges
employment
discrimination
mohasco
supra
short
deadline
reflects
congress
strong
preference
prompt
resolution
employment
discrimination
allegations
voluntary
conciliation
cooperation
occidental
life
supra
alexander
supra
claim
comprises
two
elements
employment
practice
discriminatory
intent
nothing
title
vii
supports
treating
intent
element
ledbetter
claim
differently
employment
practice
anything
concerns
regarding
stale
claims
weigh
heavily
respect
proof
intent
associated
employment
practices
practices
example
case
plaintiff
claim
concerns
denial
raises
employer
challenged
acts
decisions
increase
employee
pay
times
question
almost
always
documented
typically
even
dispute
contrast
employer
intent
almost
always
disputed
evidence
relating
intent
may
fade
quickly
time
cases
much
evidence
intent
circumstantial
thus
critical
issue
case
involving
performance
evaluation
often
whether
evaluation
far
mark
sufficient
inference
discriminatory
intent
drawn
see
watson
blackmun
joined
brennan
marshall
concurring
part
concurring
judgment
noting
claim
mcdonnell
douglas
factors
establish
discrimination
inference
see
also
zhuang
datacard
rejecting
inference
discrimination
performance
evaluations
cooper
southern
subtle
determination
passage
time
may
seriously
diminish
ability
parties
factfinder
reconstruct
actually
ledbetter
contends
employers
protected
equitable
doctrine
laches
congress
plainly
think
laches
sufficient
context
indeed
congress
took
diametrically
different
approach
including
title
vii
provision
allowing
months
cases
file
charge
eeoc
ultimately
experience
teaches
strict
adherence
procedural
requirements
specified
legislature
best
guarantee
evenhanded
administration
law
mohasco
operation
title
vii
claim
time
barred
filed
within
time
limits
morgan
electrical
workers
therefore
reject
suggestion
employment
practice
committed
improper
purpose
discriminatory
intent
rendered
unlawful
nonetheless
gives
effect
intentional
discriminatory
act
occurred
outside
charging
period
ledbetter
claim
reason
untimely
iii
advancing
two
theories
ledbetter
seriously
contest
logic
evans
ricks
lorance
morgan
set
rather
argues
decision
bazemore
friday
per
curiam
requires
different
treatment
claim
relates
pay
ledbetter
focuses
specifically
statement
ach
week
paycheck
delivers
less
black
similarly
situated
white
wrong
actionable
title
vii
argues
bazemore
adopted
paycheck
accrual
rule
paycheck
even
accompanied
discriminatory
intent
triggers
new
eeoc
charging
period
complainant
may
properly
challenge
prior
discriminatory
conduct
impacted
amount
paycheck
matter
long
ago
discrimination
occurred
reading
bazemore
dispensed
need
prove
actual
discriminatory
intent
pay
cases
without
giving
hint
repudiated
different
approach
taken
previously
evans
ricks
ledbetter
interpretation
unsound
bazemore
concerned
pay
claim
brought
north
carolina
agricultural
extension
service
service
service
employees
originally
segregated
white
branch
branch
latter
receiving
less
pay
two
branches
merged
title
vii
extended
public
employees
black
employees
brought
suit
claiming
pay
disparities
attributable
old
dual
pay
scale
persisted
appeals
rejected
claim
interpreted
difference
salaries
affirmatively
eliminated
reversed
per
curiam
opinion
members
joined
justice
brennan
separate
opinion
see
opinion
concurring
part
justice
brennan
wrote
error
appeals
respect
salary
disparities
created
prior
perpetuated
thereafter
obvious
warrant
extended
discussion
extension
service
discriminated
respect
salaries
prior
time
covered
title
vii
excuse
perpetuating
discrimination
extension
service
became
covered
title
vii
hold
otherwise
effect
exempting
liability
employers
historically
greatest
offenders
rights
blacks
pattern
practice
constituted
violation
title
vii
fact
statute
yet
become
effective
became
violation
upon
title
vii
effective
date
extent
employer
continued
engage
act
practice
liable
statute
recovery
may
permitted
acts
discrimination
extent
discrimination
perpetuated
liability
may
imposed
emphasis
original
far
adopting
approach
ledbetter
advances
passage
made
point
obvious
warrant
extended
discussion
ibid
namely
employer
adopts
facially
discriminatory
pay
structure
puts
employees
lower
scale
race
employer
engages
intentional
discrimination
whenever
issues
check
one
disfavored
employees
employer
adopts
intentionally
retains
pay
structure
surely
regarded
intending
discriminate
basis
race
long
structure
used
bazemore
thus
entirely
consistent
prior
precedents
justice
brennan
opinion
took
care
point
noting
evans
turned
whether
present
violation
exist
ed
justice
brennan
stated
bazemore
plaintiffs
alleging
defendants
ha
date
act
forward
made
employment
decisions
wholly
nondiscriminatory
way
emphasis
original
internal
quotation
marks
brackets
omitted
say
engaged
fresh
discrimination
justice
brennan
added
holding
sense
ave
legal
effect
actions
consistent
evans
focuse
present
salary
structure
illegal
mere
continuation
discriminatory
pay
structure
emphasis
added
sentence
justice
brennan
opinion
ledbetter
chiefly
relies
comes
directly
passage
quoted
makes
similarly
obvious
point
week
paycheck
delivers
less
black
similarly
situated
white
wrong
actionable
title
vii
regardless
fact
pattern
begun
prior
effective
date
title
vii
words
freestanding
violation
may
always
charged
within
charging
period
regardless
connection
violations
repeated
point
recently
morgan
existence
past
acts
employee
prior
knowledge
occurrence
bar
employees
filing
charges
related
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acts
long
acts
independently
discriminatory
charges
addressing
acts
timely
filed
neither
opinions
stands
proposition
action
comprising
employment
practice
alleged
discriminatory
intent
separately
chargeable
related
past
act
discrimination
ledbetter
attempts
eliminate
obvious
inconsistencies
interpretation
bazemore
line
cases
ground
none
latter
cases
involved
pay
raises
logic
prior
cases
fully
applicable
pay
cases
take
evans
example
employee
unlawfully
terminated
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seniority
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seniority
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eniority
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flight
assignments
relationship
past
discrimination
adverse
present
effects
evans
thus
argument
ledbetter
urges
us
accept
necessarily
commanded
different
outcome
evans
bazemore
stands
proposition
employer
violates
title
vii
triggers
new
eeoc
charging
period
whenever
employer
issues
paychecks
using
discriminatory
pay
structure
new
title
vii
violation
occur
new
charging
period
triggered
employer
issues
paychecks
pursuant
system
facially
nondiscriminatory
neutrally
applied
lorance
fact
precharging
period
discrimination
adversely
affects
calculation
neutral
factor
like
seniority
used
determining
future
pay
mean
new
paycheck
constitutes
new
violation
restarts
eeoc
charging
period
ledbetter
adduced
evidence
goodyear
initially
adopted
pay
system
order
discriminate
basis
sex
later
applied
system
within
charging
period
discriminatory
animus
bazemore
help
rather
ledbetter
alleged
goodyear
agents
discriminated
individually
past
discrimination
reduced
amount
later
paychecks
ledbetter
file
timely
eeoc
charges
relating
employer
discriminatory
pay
decisions
past
maintain
suit
based
past
discrimination
time
dissent
also
argues
pay
claims
different
principal
argument
pay
discrimination
claim
like
hostile
work
environment
claim
types
claims
cumulative
effect
individual
acts
post
analogy
overlooks
critical
conceptual
distinction
two
types
claims
although
dissent
relies
heavily
morgan
dissent
argument
fundamentally
inconsistent
morgan
reasoning
morgan
distinguished
discrete
acts
discrimination
hostile
work
environment
discrete
act
discrimination
act
constitutes
separate
actionable
employment
temporally
distinct
morgan
examples
identified
termination
failure
promote
denial
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refusal
hire
hostile
work
environment
hand
typically
comprises
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acts
may
actionable
addition
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work
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claim
said
occur
particular
day
words
actionable
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environment
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acts
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together
create
contrary
dissent
assertion
post
ledbetter
alleged
single
wrong
consisting
succession
acts
instead
alleged
series
discrete
discriminatory
acts
see
brief
petitioner
arguing
payment
paycheck
constituted
separate
violation
title
vii
independently
identifiable
actionable
morgan
perfectly
clear
employee
alleges
serial
violations
series
actionable
wrongs
timely
eeoc
charge
must
filed
respect
discrete
alleged
violation
fundamental
misinterpretation
morgan
alone
sufficient
show
dissent
approach
must
rejected
also
noted
dissent
coy
whether
apply
rule
pay
discrimination
claims
whether
limit
rule
cases
like
ledbetter
multiple
discriminatory
pay
decisions
alleged
dissent
relies
fact
ledbetter
allegedly
subjected
series
discriminatory
pay
decisions
period
time
dissent
suggests
realize
time
victimized
pay
cases
share
characteristics
seems
likely
dissent
apply
rule
pay
cases
single
discriminatory
pay
decision
made
years
ago
continued
affect
employee
pay
today
dissent
presumably
hold
employee
file
timely
eeoc
charge
today
dissent
presumably
allow
even
employee
full
knowledge
circumstances
relating
decision
time
dissent
appears
proposes
adopt
special
rule
pay
cases
based
particular
characteristics
one
case
certainly
representative
pay
cases
may
even
typical
refuse
take
approach
iv
addition
arguments
previously
discussed
ledbetter
relies
largely
analogies
statutory
regimes
extrastatutory
policy
arguments
support
paycheck
accrual
rule
ledbetter
places
significant
weight
epa
enacted
contemporaneously
title
vii
prohibits
paying
unequal
wages
equal
work
sex
stating
lower
courts
routinely
hear
epa
claims
challenging
pay
disparities
first
arose
outside
limitations
period
ledbetter
suggests
hold
title
vii
violated
time
employee
receives
paycheck
reflects
past
discrimination
brief
petitioner
simple
answer
argument
epa
title
vii
particular
epa
require
filing
charge
eeoc
proof
intentional
discrimination
see
asking
whether
alleged
inequality
resulted
factor
sex
ledbetter
originally
asserted
epa
claim
claim
dismissed
district
us
ledbetter
pursued
epa
claim
face
title
vii
obstacles
ledbetter
appeal
fair
labor
standards
act
flsa
equally
unavailing
stating
well
established
statute
limitations
violations
minimum
wage
overtime
provisions
flsa
runs
anew
paycheck
brief
petitioner
ledbetter
urges
true
title
vii
pay
case
however
ledbetter
argument
overlooks
fact
flsa
minimum
wage
overtime
claim
require
proof
specific
intent
discriminate
see
establishing
overtime
rules
cf
establishing
statute
limitations
flsa
claims
except
claims
willful
violation
may
commenced
within
years
ledbetter
firmer
ground
suggesting
look
cases
arising
national
labor
relations
act
nlra
since
nlra
provided
model
title
vii
remedial
provisions
like
title
vii
requires
filing
timely
administrative
charge
national
labor
relations
board
suit
may
maintained
lorance
ford
motor
eeoc
cf
complaint
shall
issue
based
upon
unfair
labor
practice
occurring
six
months
prior
filing
charge
board
ledbetter
argues
nlra
statute
limitations
begins
anew
paycheck
reflecting
prior
violation
statute
precedents
suggest
otherwise
machinists
nlrb
held
conduct
occurring
within
limitations
period
charged
unfair
labor
practice
reliance
earlier
unfair
labor
practice
use
earlier
unfair
labor
practice
merely
serves
cloak
illegality
otherwise
lawful
interpretation
corresponds
closely
analysis
evans
ricks
supports
holding
present
case
ledbetter
finally
makes
variety
policy
arguments
favor
giving
alleged
victims
pay
discrimination
time
required
file
charge
eeoc
among
things
claims
pay
discrimination
harder
detect
forms
employment
position
evaluate
ledbetter
policy
arguments
prerogative
change
way
title
vii
balances
interests
aggrieved
employees
interest
encouraging
prompt
processing
charges
employment
discrimination
mohasco
interest
repose
ledbetter
policy
arguments
giving
special
treatment
pay
claims
find
support
statute
inconsistent
apply
statute
written
means
unlawful
employment
practice
including
involving
compensation
must
presented
eeoc
within
period
prescribed
statute
reasons
judgment
appeals
eleventh
circuit
affirmed
ordered
lilly
ledbetter
petitioner
goodyear
tire
rubber
company
writ
certiorari
appeals
eleventh
circuit
may
justice
ginsburg
justice
stevens
justice
souter
justice
breyer
join
dissenting
lilly
ledbetter
supervisor
goodyear
tire
rubber
plant
gadsden
alabama
retirement
years
worked
area
manager
position
largely
occupied
men
initially
ledbetter
salary
line
salaries
men
performing
substantially
similar
work
time
however
pay
slipped
comparison
pay
male
area
managers
equal
less
seniority
end
ledbetter
woman
working
area
manager
pay
discrepancy
ledbetter
male
counterparts
stark
ledbetter
paid
per
month
lowest
paid
male
area
manager
received
per
month
highest
paid
see
brief
petitioner
ledbetter
launched
charges
discrimination
equal
employment
opportunity
commission
eeoc
march
formal
administrative
complaint
specified
violation
title
vii
goodyear
paid
discriminatorily
low
salary
sex
see
rendering
unlawful
employer
discriminate
individual
respect
compensation
individual
sex
charge
eventually
tried
jury
found
likely
goodyear
paid
ledbetter
unequal
salary
sex
app
accord
jury
liability
determination
district
entered
judgment
ledbetter
backpay
damages
plus
counsel
fees
costs
appeals
eleventh
circuit
reversed
relying
goodyear
system
annual
raises
held
ledbetter
claim
relevant
part
time
barred
title
vii
provides
charge
discrimination
shall
filed
within
days
alleged
unlawful
employment
practice
occurred
ledbetter
charged
proved
trial
within
period
pay
substantially
less
pay
men
work
introduced
evidence
sufficient
establish
discrimination
female
managers
gadsden
plant
performance
inadequacies
part
accounted
pay
differential
see
app
evidence
unavailing
eleventh
circuit
held
today
agrees
incumbent
ledbetter
file
charges
time
goodyear
failed
increase
salary
commensurate
salaries
male
peers
annual
pay
decision
contested
immediately
within
days
affirms
becomes
grandfathered
fait
accompli
beyond
province
title
vii
ever
repair
insistence
immediate
contest
overlooks
common
characteristics
pay
discrimination
pay
disparities
often
occur
ledbetter
case
small
increments
cause
suspect
discrimination
work
develops
time
comparative
pay
information
moreover
often
hidden
employee
view
employers
may
keep
wraps
pay
differentials
maintained
among
supervisors
less
reasons
differentials
small
initial
discrepancies
may
seen
meet
federal
case
particularly
employee
trying
succeed
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environment
averse
making
waves
pay
disparities
thus
significantly
different
adverse
actions
termination
failure
promote
refusal
hire
involving
fully
communicated
discrete
acts
easy
identify
discriminatory
see
national
railroad
passenger
corporation
morgan
disparity
becomes
apparent
sizable
future
raises
calculated
percentage
current
salaries
employee
ledbetter
situation
likely
comprehend
plight
therefore
complain
initial
readiness
give
employer
benefit
doubt
preclude
later
challenging
current
continuing
payment
wage
depressed
account
sex
questions
time
title
vii
identified
critical
inquiries
constitutes
employment
practice
practice
precedent
suggests
lower
courts
overwhelmingly
held
unlawful
practice
current
payment
salaries
infected
discrimination
practice
occurs
whenever
paycheck
delivers
less
woman
similarly
situated
man
see
bazemore
friday
brennan
joined
members
concurring
part
title
vii
proscribes
unlawful
employment
practice
discrimination
individual
respect
compensation
individual
race
color
religion
sex
national
origin
individual
seeking
challenge
employment
practice
proscription
must
file
charge
eeoc
within
days
alleged
unlawful
employment
practice
occurred
see
ante
supra
ledbetter
petition
presents
question
important
sound
application
title
vii
activity
qualifies
unlawful
employment
practice
cases
discrimination
respect
compensation
one
answer
identifies
decision
decision
alone
unlawful
practice
view
particular
decision
discrete
prior
subsequent
decisions
must
challenged
within
days
pain
forfeiture
another
response
counts
decision
actual
payment
discriminatory
wage
unlawful
practices
approach
payment
wage
salary
infected
discrimination
constitutes
unlawful
employment
practice
prior
decisions
outside
period
actionable
relevant
determining
lawfulness
conduct
within
period
adopts
first
view
see
ante
second
faithful
precedent
tune
realities
workplace
respectful
title
vii
remedial
purpose
bazemore
unanimously
held
employer
north
carolina
agricultural
extension
service
committed
unlawful
employment
practice
time
paid
black
employees
less
similarly
situated
white
employees
opinion
brennan
extension
service
divided
two
branches
white
branch
negro
branch
employees
negro
branch
paid
less
white
counterparts
response
civil
rights
act
included
title
vii
state
merged
two
branches
single
organization
made
adjustments
reduce
salary
disparity
began
giving
annual
raises
based
nondiscriminatory
factors
nonetheless
salary
disparities
continued
linger
internal
quotation
marks
omitted
rejected
appeals
conclusion
plaintiffs
prevail
lingering
disparities
simply
continuing
effect
decision
lawfully
made
prior
effective
date
title
vii
see
rather
reasoned
ach
week
paycheck
delivers
less
black
similarly
situated
white
wrong
actionable
title
vii
paychecks
perpetuating
past
discrimination
thus
recognized
actionable
simply
related
decision
made
outside
period
cf
ante
discriminate
anew
time
issue
see
bazemore
morgan
subsequently
morgan
set
apart
purposes
title
vii
timely
filing
requirement
unlawful
employment
actions
two
kinds
discrete
acts
easy
identify
discriminatory
acts
recur
cumulative
impact
see
iscrete
ac
termination
failure
promote
denial
transfer
refusal
hire
explained
day
party
therefore
must
file
charge
within
days
date
act
lose
ability
recover
see
iscrete
discriminatory
acts
actionable
time
barred
even
related
acts
alleged
timely
filed
charges
discrete
discriminatory
act
starts
new
clock
filing
charges
alleging
ifferent
kind
discrete
acts
made
clear
claims
based
cumulative
effect
individual
acts
morgan
decision
placed
hostile
work
environment
claims
category
nature
involves
repeated
conduct
ibid
unlawful
employment
practice
hostile
work
environment
claims
said
occur
particular
day
occurs
series
days
perhaps
years
direct
contrast
discrete
acts
single
act
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actionable
ibid
internal
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marks
omitted
persistence
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conduct
indicates
management
known
existence
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cognizable
harm
ibid
nature
hostile
work
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claim
involves
repeated
conduct
matter
purposes
statute
component
acts
hostile
work
environment
fall
outside
statutory
time
period
provided
act
contributing
claim
occurs
within
filing
period
entire
time
period
hostile
environment
may
considered
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determining
liability
consequently
although
unlawful
conduct
began
past
charge
may
filed
later
date
still
encompass
whole
ibid
pay
disparities
kind
ledbetter
experienced
closer
kinship
hostile
work
environment
claims
charges
single
episode
discrimination
ledbetter
claim
resembling
morgan
rested
one
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cumulative
effect
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acts
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see
also
brief
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analogizing
ledbetter
claim
recurring
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harm
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morgan
reply
brief
petitioner
distinguishing
pay
discrimination
easy
identify
discrete
acts
internal
quotation
marks
omitted
charged
insidious
discrimination
building
slowly
steadily
see
brief
petitioner
initially
line
salaries
men
performing
substantially
work
ledbetter
salary
fell
percent
behind
male
counterparts
successive
evaluations
pay
adjustments
see
supra
time
alleged
proved
repetition
pay
decisions
undervaluing
work
gave
rise
current
discrimination
complained
though
component
acts
fell
outside
period
new
paycheck
goodyear
contributed
incrementally
accumulating
harm
see
morgan
bazemore
cf
hanover
shoe
shoe
machinery
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workplace
reveal
discrimination
respect
compensation
ledbetter
suffered
fit
within
category
singular
discrete
acts
easy
identify
worker
knows
immediately
denied
promotion
transfer
fired
refused
employment
promotions
transfers
hirings
firings
generally
public
events
known
employer
makes
decision
open
definitive
character
employee
immediately
seek
explanation
evaluate
pretext
compensation
disparities
contrast
often
hidden
sight
unusual
decisions
point
illustrate
management
decline
publish
employee
pay
levels
employees
keep
private
salaries
see
goodwin
general
motors
plaintiff
know
colleagues
earned
printout
listing
salaries
appeared
desk
seven
years
starting
salary
set
lower
salaries
mcmillan
massachusetts
soc
prevention
cruelty
animals
plaintiff
worked
employer
years
learning
salary
disparity
published
newspaper
tellingly
record
case
bears
goodyear
kept
salaries
confidential
employees
limited
access
information
regarding
colleagues
earnings
app
problem
concealed
pay
discrimination
particularly
acute
disparity
arises
female
employee
flatly
denied
raise
male
counterparts
given
larger
raises
received
pay
increase
female
employee
unlikely
discern
experienced
adverse
employment
decision
may
little
reason
even
suspect
discrimination
pattern
develops
incrementally
ultimately
becomes
aware
disparity
even
employee
suspects
reason
comparatively
low
raise
performance
sex
another
protected
ground
amount
involved
may
seem
small
employer
intent
ambiguous
make
issue
immediately
actionable
winnable
separating
pay
claims
discrete
employment
actions
identified
morgan
employer
gains
pay
disparities
way
discriminatory
denial
promotion
hiring
transfer
male
employee
selected
female
higher
level
position
someone
still
gets
promotion
paid
higher
salary
employer
enriched
woman
paid
less
similarly
situated
man
employer
reduces
costs
time
pay
differential
implemented
furthermore
decisions
promotions
like
decisions
installing
seniority
systems
often
implicate
interests
employees
way
pay
differentials
cf
teamsters
recognizing
seniority
systems
involve
vested
rights
employees
concluding
title
vii
intended
destroy
water
rights
disparate
pay
contrast
remedied
time
solely
expense
employer
acts
discriminatory
fashion
light
significant
differences
pay
disparities
discrete
employment
decisions
type
identified
morgan
cases
relies
hold
sway
see
ante
discussing
air
lines
evans
delaware
state
college
ricks
lorance
technologies
evans
ricks
involved
single
immediately
identifiable
act
discrimination
evans
constructive
discharge
ricks
denial
tenure
case
employee
filed
charges
well
discrete
discriminatory
act
occurred
airlines
forced
evans
resign
policy
barring
married
female
flight
attendants
filed
charge
four
years
later
evans
rehired
allege
airline
former
rule
unlawful
therefore
operate
deny
seniority
credit
prior
service
see
evans
similarly
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state
college
denied
ricks
tenure
object
terminal
contract
came
end
one
year
later
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repetitive
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discriminatory
employment
practice
issue
either
case
see
evans
ricks
lorance
also
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view
involved
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act
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new
seniority
system
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sex
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see
internal
quotation
marks
omitted
extensive
reliance
lorance
ante
moreover
perplexing
decision
longer
effective
civil
rights
act
congress
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lorance
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codified
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judgment
facially
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intent
must
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provided
purposes
section
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employment
practice
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system
adopted
individual
becomes
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system
person
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system
provision
system
ibid
congress
thus
agreed
dissenters
lorance
harsh
reality
decision
glaringly
odds
purposes
title
vii
opinion
marshall
see
also
stat
civil
rights
act
designed
respond
recent
decisions
expanding
scope
relevant
civil
rights
statutes
order
provide
adequate
protection
victims
discrimination
true
civil
rights
act
directly
addressed
seniority
systems
see
ante
congress
made
clear
view
unduly
contracted
scope
protection
afforded
title
vii
civil
rights
statutes
aim
generalize
ruling
bazemore
senate
report
accompanying
proposed
civil
rights
act
precursor
act
explained
alleged
lorance
employer
adopts
rule
decision
unlawful
discriminatory
motive
application
rule
decision
new
violation
law
bazemore
example
properly
held
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th
racially
motivated
salary
structure
new
paycheck
constituted
distinct
violation
title
vii
section
generalizes
result
correctly
reached
bazemore
civil
rights
act
see
also
cong
rec
sponsors
interpretative
memorandum
legislation
interpreted
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lorance
contexts
outside
seniority
cf
ante
relying
lorance
conclude
employer
issues
paychecks
pursuant
system
facially
nondiscriminatory
neutrally
applied
new
title
vii
violation
occur
internal
quotation
marks
omitted
today
years
since
congress
amended
title
vii
relied
upon
lorance
mistaken
congress
goals
enacting
title
vii
never
included
conferring
absolute
immunity
discriminatorily
adopted
seniority
systems
survive
first
days
marshall
dissenting
congress
never
intended
immunize
forever
discriminatory
pay
differentials
unchallenged
within
days
adoption
assessment
gains
weight
one
comprehends
even
relatively
minor
pay
disparity
expand
exponentially
employee
working
life
raises
set
percentage
prior
pay
clue
congressional
intent
found
title
vii
backpay
provision
statute
expressly
provides
backpay
may
awarded
period
two
years
discrimination
charge
filed
back
pay
liability
shall
accrue
date
two
years
prior
filing
charge
prescription
indicates
congress
contemplated
challenges
pay
discrimination
commencing
continuing
filing
period
see
morgan
congress
intended
limit
liability
conduct
occurring
period
within
party
must
file
charge
seems
unlikely
congress
allowed
recovery
two
years
recognized
morgan
fact
congress
expressly
limited
amount
recoverable
damages
elsewhere
particular
time
period
two
years
indicates
timely
filing
provision
meant
serve
specific
limitation
conduct
may
considered
ibid
tune
realities
wage
discrimination
courts
appeals
overwhelmingly
judged
present
violation
payment
wages
infected
discrimination
paycheck
less
amount
payable
employer
adhered
nondiscriminatory
compensation
regime
courts
held
constitutes
cognizable
harm
see
forsyth
federation
employment
guidance
paycheck
given
within
period
actionable
even
based
discriminatory
pay
scale
set
outside
statutory
period
shea
rice
cadc
employer
commit
separate
unlawful
employment
practice
time
pa
ys
one
employee
less
another
discriminatory
reason
citing
bazemore
goodwin
general
motors
bazemore
taught
crucial
distinction
respect
discriminatory
disparities
pay
establishing
discriminatory
salary
merely
lingering
effect
past
discrimination
instead
continually
recurring
violation
ach
discriminatory
salary
payment
constitutes
fresh
violation
title
vii
omitted
anderson
zubieta
cadc
courts
appeals
repeatedly
reached
conclusion
pay
discrimination
actionable
upon
receipt
paycheck
accord
hildebrandt
illinois
dept
natural
resources
cardenas
massey
ashley
boyle
famous
corned
beef
en
banc
hughes
training
gibbs
pierce
county
law
enforcement
support
agency
similarly
line
characteristics
pay
discrimination
eeoc
federal
agency
responsible
enforcing
title
vii
see
interpreted
act
permit
employees
challenge
disparate
pay
time
received
eeoc
compliance
manual
provides
repeated
occurrences
discriminatory
employment
action
discriminatory
paychecks
challenged
long
one
discriminatory
act
occurred
within
charge
filing
period
eeoc
compliance
manual
cf
title
vii
requires
employer
eliminate
pay
disparities
attributable
discriminatory
system
even
system
discontinued
eeoc
given
effect
interpretation
series
administrative
decisions
see
albritton
potter
wl
eeoc
office
fed
operations
although
disparity
arose
employee
became
aware
disparity
outside
period
claim
time
barred
ach
paycheck
complainant
receives
less
similarly
situated
employees
outside
protected
classes
support
claim
title
vii
discrimination
found
reason
pay
discrepancy
citing
bazemore
see
also
winter
wl
eeoc
office
fed
operations
july
ward
potter
wl
eeoc
office
fed
operations
mar
case
eeoc
urged
eleventh
circuit
recognize
ledbetter
failure
challenge
particular
decision
decision
made
deprive
right
seek
relief
discriminatory
paychecks
received
brief
eeoc
support
petition
rehearing
suggestion
rehearing
en
banc
hereinafter
eeoc
brief
citing
morgan
ii
asserts
treating
pay
discrimination
discrete
act
limited
particular
decision
necessary
protec
employers
burden
defending
claims
arising
employment
decisions
long
past
ante
quoting
ricks
discrimination
ledbetter
complained
long
past
alleged
jury
found
goodyear
continued
treat
ledbetter
differently
sex
pay
period
mounting
harm
allowing
employees
challenge
discrimination
extend
long
periods
time
period
previously
explained
leave
employers
defenseless
unreasonable
prejudicial
delay
morgan
employers
disadvantaged
delay
may
raise
various
defenses
doctrines
waiver
estoppel
equitable
tolling
allow
us
honor
title
vii
remedial
purpose
without
negating
particular
purpose
filing
requirement
give
prompt
notice
employer
quoting
zipes
trans
world
airlines
see
defense
laches
may
invoked
block
employee
suit
unreasonably
delays
filing
charges
result
harms
defendant
eeoc
brief
ledbetter
unreasonably
delayed
challenging
earlier
decision
delay
significantly
impaired
goodyear
ability
defend
goodyear
raise
defense
laches
argument
asserts
dissent
allow
plaintiff
sue
single
decision
made
years
ago
even
employee
full
knowledge
circumstances
relating
decision
time
made
ante
suffices
point
defenses
noted
make
suit
foolhardy
sensible
judge
tolerate
inexcusable
neglect
see
morgan
cases
federal
courts
discretionary
power
locate
result
light
circumstances
peculiar
case
internal
quotation
marks
omitted
ledbetter
observes
ante
dropped
alternative
remedy
pursued
persisted
pressing
claim
equal
pay
act
epa
encountered
time
see
ante
ledbetter
pursued
epa
claim
face
title
vii
obstacles
confronts
cf
corning
glass
works
brennan
notably
epa
provides
relief
pay
discrimination
charged
based
race
religion
national
origin
age
disability
thus
truncating
title
vii
rule
announced
bazemore
disarm
female
workers
achieving
redress
unequal
pay
impede
racial
minorities
gaining
similar
furthermore
difference
epa
prohibition
paying
unequal
wages
title
vii
ban
discrimination
regard
compensation
large
opinion
might
suggest
see
ante
key
distinction
title
vii
requires
showing
intent
practical
effect
trier
fact
equipoise
whether
wage
differential
motivated
gender
discrimination
title
vii
compels
verdict
employer
epa
compels
verdict
plaintiff
sullivan
zimmer
white
employment
discrimination
law
practice
ed
case
ledbetter
carried
burden
persuading
jury
pay
disparity
suffered
attributable
intentional
sex
discrimination
see
supra
infra
page
iii
show
far
strayed
interpretation
title
vii
fidelity
act
core
purpose
return
evidence
ledbetter
presented
trial
ledbetter
proved
jury
following
member
protected
class
performed
work
substantially
equal
work
dominant
class
men
compensated
less
work
disparity
attributable
discrimination
see
supra
specifically
ledbetter
evidence
demonstrated
current
pay
discriminatorily
low
due
long
series
decisions
reflecting
goodyear
pervasive
discrimination
women
managers
general
ledbetter
particular
ledbetter
former
supervisor
example
admitted
jury
ledbetter
pay
particular
period
fell
goodyear
minimum
threshold
position
app
although
goodyear
claimed
pay
disparity
due
poor
performance
supervisor
acknowledged
ledbetter
received
top
performance
award
jury
also
heard
testimony
another
supervisor
evaluated
ledbetter
whose
evaluation
led
recent
raise
denial
openly
biased
women
two
women
previously
worked
managers
plant
told
jury
subject
pervasive
discrimination
paid
less
male
counterparts
one
paid
less
men
supervised
ledbetter
testified
discriminatory
animus
conveyed
plant
officials
toward
end
career
instance
plant
manager
told
ledbetter
plant
need
women
women
help
caused
problems
weighing
evidence
jury
found
ledbetter
concluding
pay
disparity
due
intentional
discrimination
yet
decision
discrimination
ledbetter
proved
redressable
title
vii
every
pay
decision
immediately
challenge
wiped
slate
clean
consideration
may
given
cumulative
effect
series
decisions
together
set
pay
well
every
male
area
manager
knowingly
carrying
past
pay
discrimination
forward
must
treated
lawful
conduct
ledbetter
may
compensated
lower
pay
fact
receiving
complained
eeoc
still
employed
goodyear
gain
proof
presented
trial
injunctive
relief
requiring
prospectively
receipt
compensation
men
receive
substantially
similar
work
approbation
consequences
totally
odds
robust
protection
workplace
discrimination
congress
intended
title
vii
secure
see
teamsters
primary
purpose
title
vii
assure
equality
employment
opportunities
eliminate
discriminatory
practices
devices
internal
quotation
marks
omitted
albemarle
paper
moody
purpose
title
vii
make
persons
whole
injuries
suffered
account
unlawful
employment
first
time
ordered
cramped
interpretation
title
vii
incompatible
statute
broad
remedial
purpose
see
supra
see
also
wards
cove
packing
atonio
superseded
part
civil
rights
act
price
waterhouse
hopkins
plurality
opinion
lindemann
grossman
employment
discrimination
law
ed
spate
decisions
late
drew
congressional
fire
resulted
demands
legislative
change
culminating
civil
rights
act
omitted
ball
congress
legislature
may
act
correct
parsimonious
reading
title
vii
reasons
stated
hold
ledbetter
claim
time
barred
reverse
eleventh
circuit
judgment
footnotes
parties
assume
eeoc
charging
period
runs
backwards
date
questionnaire
even
though
ledbetter
discriminatory
pay
claim
added
july
formal
charge
likewise
assume
sake
argument
filing
questionnaire
rather
formal
charge
appropriate
date
lorance
congress
amended
title
vii
cover
specific
situation
involved
case
see
allowing
title
vii
liability
arising
intentionally
discriminatory
seniority
system
time
adoption
time
application
dissent
attaches
great
significance
amendment
suggesting
shows
lorance
wrongly
reasoned
initial
matter
post
opinion
ginsburg
however
legislative
history
cited
dissent
explains
amendment
title
vii
amendments
ed
scope
relevant
civil
rights
statutes
order
provide
adequate
protection
victims
discrimination
post
emphasis
added
present
purposes
important
amendment
question
applied
adoption
discriminatory
seniority
system
types
employment
discrimination
evans
ricks
upon
lorance
relied
employed
identical
reasoning
left
place
decisions
sufficient
support
holding
today
course
may
instances
elements
forming
cause
action
span
days
say
instance
employer
forms
illegal
discriminatory
intent
towards
employee
act
days
later
charging
period
begin
run
employment
practice
executed
day
point
employee
cause
action
act
intent
yet
joined
contrast
ledbetter
cause
action
fully
formed
present
time
discriminatory
employment
actions
taken
point
sued
dissent
dismisses
concern
post
case
illustrates
problems
created
tardy
lawsuits
ledbetter
claims
sex
discrimination
turned
principally
misconduct
single
goodyear
supervisor
ledbetter
testified
retaliated
rejected
sexual
advances
early
falsified
deficiency
reports
work
misconduct
ledbetter
argues
principal
basis
performance
evaluation
brief
petitioner
see
also
stressing
supervisor
misconduct
yet
time
trial
supervisor
died
therefore
testify
timely
charge
might
permitted
evidence
weighed
contemporaneously
focus
bazemore
current
violation
carrying
forward
past
act
discrimination
made
clearly
side
opinion
appeals
majority
holds
effect
pattern
discriminatory
salaries
challenged
originated
applicable
provisions
civil
rights
act
made
payment
illegal
effects
earlier
pattern
presumably
indefinitely
maintained
basis
considered
assessing
challenge
continuation
pattern
hazelwood
evans
indeed
made
clear
employer
found
liable
sanctioned
remedy
employment
decisions
made
declared
illegal
claimant
lost
right
action
lapse
time
reason
generally
true
title
vii
imposed
obligation
affirmatively
remedy
present
effects
discrimination
whether
composing
work
force
otherwise
cases
thought
insulate
employment
decisions
presently
illegal
basis
one
time
comparable
decisions
legal
made
particular
employer
therefore
one
thing
say
employer
upon
effective
date
title
vii
finds
racially
unbalanced
need
act
affirmatively
redress
balance
quite
another
say
may
also
continue
make
discriminatory
hiring
decisions
means
present
work
force
composed
may
short
principle
continue
practices
violative
simply
one
time
bazemore
friday
phillips
concurring
part
dissenting
part
emphasis
original
footnotes
omitted
briefs
filed
bazemore
friday
per
curiam
elucidate
point
petitioners
described
service
conduct
continued
use
racially
explicit
base
wage
brief
petitioner
bazemore
et
al
bazemore
friday
brief
also
properly
distinguished
commission
discrete
discriminatory
act
continuing
adverse
results
intentional
carrying
forward
discriminatory
pay
system
brief
federal
petitioners
bazemore
friday
nos
case
involves
former
latter
moreover
proposed
hostile
salary
environment
claim
go
far
beyond
morgan
limits
morgan
still
required
least
acts
predicate
hostile
work
environment
claim
occur
within
charging
period
provided
act
contributing
claim
occurs
within
filing
period
entire
time
period
hostile
environment
may
considered
emphasis
added
dissent
permit
claims
one
acted
way
improper
motive
charging
period
post
dissent
admits
much
responding
employer
resort
equitable
doctrines
laches
post
first
noted
congress
already
determined
defense
insufficient
supra
second
far
clear
suit
filed
dissent
theory
alleging
paycheck
paid
recently
within
charging
period
freestanding
violation
title
vii
reflected
effects
discrimination
even
barred
laches
magistrate
judge
recommended
dismissal
ledbetter
epa
claim
ground
goodyear
demonstrated
pay
disparity
resulted
ledbetter
consistently
weak
performance
sex
app
pet
cert
magistrate
judge
also
recommended
dismissing
title
vii
claim
basis
ledbetter
objected
magistrate
judge
disposition
title
vii
epa
claims
arguing
magistrate
judge
improperly
resolved
disputed
factual
issue
see
plaintiff
objections
magistrate
judge
report
recommendation
record
doc
district
sustained
objection
disparate
pay
claim
without
specifically
mentioning
epa
claim
dismissed
magistrate
judge
basis
see
app
pet
cert
record
entirely
clear
appears
point
ledbetter
elected
abandon
epa
claim
proceeding
trial
title
vii
claim
thus
giving
rise
dispute
must
resolve
previously
declined
address
whether
title
vii
suits
amenable
discovery
rule
national
railroad
passenger
corporation
morgan
ledbetter
argue
rule
change
outcome
case
occasion
address
issue
ledbetter
argues
eeoc
endorsement
approach
compliance
manual
administrative
adjudications
merits
deference
previously
declined
extend
chevron
deference
compliance
manual
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