U.S. Supreme Court

Case Status


Docket Number



2006 Term

Oral Argument Date

November 27, 2006


Questions Presented

Whether and under what circumstances a plaintiff may bring an action under Title VII of the Civil Rights Act of 1964 alleging illegal pay discrimination when the disparate pay is received during the statutory limitations period, but is the result of intentionally discriminatory pay decisions that occurred outside the limitations period.

Case Updates


May 29, 2007

The Supreme Court agreed with NCLC and upheld the Eleventh Circuit decision.

U.S. Chamber files amicus brief addressing statute of limitations for compensation claims under Title VII

October 23, 2006

NCLC urged the Supreme Court to uphold an Eleventh Circuit decision considering how far back in time an employee alleging sex discrimination in pay may go to challenge employer actions affecting her pay. In itsbrief, NCLC argued that the statute of limitations under Title VII requires an EEOC charge to be filed within 180 or 300 days (depending on the jurisdiction) after the alleged unlawful employment practice occurs. This requirement does not vary depending on the form of discrimination involved, and compensation cases should be treated no differently. The limitations period begins to run when the alleged discriminatory decision is made and communicated, not when the complainant feels the consequences of that decision. Unless an employer receives prompt notice that it will be called upon to defend a specific compensation decision, it is unlikely to have the necessary witnesses or evidence at its disposal to defend itself.

Case Documents