Second Circuit Finds Releases Limit Application of Fair Pay Act's Retroactivity Provisions

The Plaintiffs' class action bar has made much of the retroactivity provisions of the Lilly Ledbetter Fair Pay Act of 2009, which provide that an unlawful employment practice occurs not only when a discriminatory decision is made, but also “each time wages, benefits, or other compensation is paid….”  Pub. L. No. 111-2, § 3, 123 Stat. 5, 5-6. However, a recent Second Circuit decision - Schwartz v. Merrill Lynch & Co, Inc., 2011 WL 5966616 (2d Cir. Nov. 30, 2011) - demonstrates that these provisions are not without limits, particularly when a claimant has previously executed a release of claims that encompasses prior decisions.

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