In a triumphant development for equal pay, the Third Circuit Court of Appeals today ruled in favor of Mary Lou Mikula, holding that her Title VII pay discrimination claim had been erroneously dismissed on the basis that her charge was not timely. The National Women’s Law Center (NWLC) filed a petition to rehear her case, Mikula v. Allegheny County of Pennsylvania, relying on the newly enacted Lilly Ledbetter Fair Pay Act.
The Ledbetter Fair Pay Act restored the law that existed for decades in virtually every region of the country prior to the Supreme Court decision in Ledbetter v. Goodyear Tire and Rubber Co. and makes it clear that each discriminatory paycheck is a new act of discrimination that resets the 300-day time period to file a claim.
The Petition for Rehearing filed by the NWLC is here.