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Tennessee Supreme Court rules discriminatory pay constitutes continuing violation under state law.(for Boeing Co.)
Byline: Lawyers Weekly USA Staff
A claim for allegedly discriminatory pay may be brought at any time within one year of a plaintiff's receipt of discriminatory pay, and back pay is available for the duration of the period of unequal pay, the Tennessee Supreme Court has ruled in answering a certified question from a U.S. District Court.
A female employee was promoted from hourly pay to a salaried managerial position. Eight years later, she discovered she was being paid less than her male peers. She sued her employer under the Tennessee Human Rights Act, seeking back pay to the date of her promotion.
The company argued that because of the one-year statute of limitations under state civil rights law, she could only recover pay for one year prior to her suit.
But the supreme court disagreed.
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