Statute of limitations for claims under the Lilly Ledbetter Fair Pay Act are extended by each paycheck stemming from discriminatory pay practice.

The plaintiffs—all disabled individuals assigned to the same jobsite—sought to assert claims against their employer and union for discriminatory compensation in violation of the ADA. They asserted that they were forced to pay more for benefits and were paid a lower hourly wage than their non-disabled counterparts. The defendants sought to bar the claims on statute of limitations ground. In analyzing the Lilly Ledbetter Fair Pay Act of 2009, the court concluded that an unlawful employment practice occurs each time wages, benefits, or other compensation is paid resulting from a discriminatory decision or practice. Since the plaintiffs were still employed by Pride, the court concluded that they were still being subjected to the discriminatory pay practice and that, therefore, the claims were timely.

^{Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2017 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}