Last year our conservative activist Supreme Court ruled that companies that discriminate against their employees are allowed to do so as long as they manage to hide the discrimination long enough for the statute of limitations to expire. Robert Pear reports in the Times that this ruling has impacted other areas as well:
The United States Court of Appeals for the Seventh Circuit reached a similar conclusion in a lawsuit by blacks who had applied unsuccessfully for jobs as firefighters in Chicago. Judge Richard A. Posner cited the Ledbetter case in rejecting their contention that they were victims of a “continuing violation” of the civil rights law.
The United States Court of Appeals for the Ninth Circuit extended this logic to a housing discrimination case in Idaho. The ruling significantly limits the ability of plaintiffs to enforce their rights under the Fair Housing Act.
The Idaho plaintiff, Noll Garcia, uses a wheelchair. He said his apartment violated federal standards because it was not readily accessible. Under the law, he had two years to challenge a “discriminatory housing practice” in court.
According to Pear, Obama and the Democrats have every intention of passing the Lily Ledbetter Act, which would basically overturn the Supreme Court's decision putting a very short statute of limitations on employer discrimination. Last year the Democrats in the Senate fell four votes short of what was needed and Bush promised to veto the bill anyway. With a bluer Senate and a Democrat in the White House, the bill has a better chance of passing this year.
On a final note, it is really bizarre for Pear to describe Lilly Ledbetter as someone who became a hero to Democrats as "their answer to Joe the Plumber." Her case has been an issue for years, it was decided almost two years ago and Ledbetter cut a commercial for Obama in September, weeks before the third presidential debate where Joe became a part of the campaign. She was in no sense, an "answer" to Joe because no one even knew who he was yet. Also, while Lilly Ledbetter became a symbol to the Democratic Party because of her fight against letting employers get away with gender-based discrimination, Joe was a campaign prop. It's really a strange comparison.
--A. Serwer
