Get used to the phrase “in a 5-4 decision”. I was brought to task recently for some unsophisticated blogginess regarding Chief Justice Roberts that perhaps did not serve my purpose. . . but I was not wrong. I find the current Supreme Court quite worrisome. If Ledbetter v. Goodyear Tire & Rubber Company is any indication Congress will be kept busy repairing and undoing this court’s “cramped” interpretations (Ruthie Bader is awesome!). This 5-4 decision determined that clairvoyance may be needed in order to vindicate your right to equal pay. Lilly Ledbetter filed suit (ultimately under Title VII) when she finally discovered that men were receiving greater pay for the same job. This was information kept confidential by the company.
The remedy (for future plaintiffs) is ‘The Lilly Ledbetter Fair Pay Act’ which has just passed the House and the Senate. Ms. Ledbetter is out of luck although she did get to ride down to Washington D.C. on the Obama train!