Posted On: March 8, 2010 by Schwartz & Perry

THE SUPREME COURT HEARS EMPLOYMENT DISCRIMINATION CASE

In a New York Times editorial, on February 22, 2010, the discussion centered on the upcoming case to be heard by the United States Supreme Court. Increasingly, strong and meritorious employment discrimination claims are being dismissed on technicalities. For instance, not filing with the EEOC, in some jurisdictions, within 300 days. The issue in the case at hand involves firefighters challenge of the decision to divide them into groups of "qualified" and "not qualified" for the purposes of a promotion exam. However, on appeal, the firefighters lost for failure to file within the 300 day window.

Hopefully, the Court can correct this decision. Yet, the Court is not the only means. Previously, in a similar situation, Congress intervened and passed legislation, the Lily Ledbetter Act, which legislatively corrected a prior decision by The Supreme Court.

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