According to Mary Lou Mikula, Allegheny County, Pennsylvania, paid her $7,000 less than a male counterpart. After an investigation, the county determined in 2006 that her claims were unfounded and that her “current title and rate of pay are fair when compared with similar jobs.” Mikula disagreed and sued the county under the Equal Pay Act and Title VII of the Civil Rights Act. The trial court dismissed her claims, however, because she failed to file a complaint with the EEOC within the 300-day window. She discovered the pay disparity in 2004, but didn’t file her EEOC charge until 2007. On appeal, the Third Circuit acknowledged the passage of the Lilly Ledbetter Act, but maintained that Mikula’s claims should be dismissed because the denial of a raise did not qualify as a “discriminatory compensation decision.” The Third Circuit then agreed to rehear the case and reversed its previous holding:
Despite our earlier decision, we now hold that the failure to answer a request for a raise qualifies as a compensation decision because the result is the same as if the request had been explicitly denied.
The case was reversed and remanded for further proceedings. For the full story, click here.
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