Camille Olson Quoted in Daily Labor Report
“Discrimination Plaintiffs’ Attorneys Predict Ledbetter Will Spur Earlier Filings, More EEOC Charges”

The June 8, 2007 issue of Daily Labor Report quoted Camille on employers’ perspectives concerning Ledbetter v. Good Year, the U. S. Supreme Court’s recent decision on pay discrimination. Camille noted that Ledbetter may cause employees to file charges with the Equal Employment Opportunity Commission (EEOC) earlier, but it would likely not result in the filing of more charges. The incentive to file charges earlier is positive for employers because they prefer that employees not wait years or, as in this case, after retirement to raise claims. If Ledbetter had gone the other way, “there would be no statute of limitations on pay claims," Camille said.

Camille noted that when Congress passed Title VII, they envisioned prompt resolution of disputes through EEOC conciliation. Camille explained that even if the employee's belief is based on a misunderstanding, employers would prefer to address that quickly rather than have the employee continue to believe for years that he or she is being treated unfairly. According to Camille, Ledbetter is consistent with congressional intent and Supreme Court precedent.

As plaintiffs’ attorneys speculate that Ledbetter will encourage HR departments to retaliate against employees who inquire about the salaries of colleagues in the same position, Camille points out that under the National Labor Relations Act it is illegal for employers to maintain a policy prohibiting nonsupervisory employees from discussing their pay, which is protected concerted activity. Camille also said that an employee who is fired for inquiring about pay levels and possible discrimination would be able to state a claim for retaliation under Title VII. The opposite view, she said, would require a very narrow reading of the retaliation provision.  Camille further explained that contacting the human resources department triggers the employer's obligation to investigate the matter and most HR professionals are impartial and want to ensure that employment actions are consistent with the company's fairness policies.

With regard to speculation on possible legislation by Congress to nullify Ledbetter, Camille stated that employers would strongly oppose legislation to reverse the decision, but could accept a nationwide 300-day filing since the 300-day period already applies in a “vast majority” of the states. With regard to the possibility of eliminating or increasing the damages caps, Camille said, "employers wouldn't go for it." She noted that there already is "a natural escalator" in awards for front and back pay and prejudgment interest.