Under the Lilly Ledbetter Fair Pay Act, wouldn’t employees decide to wait a long time before filing claims in order to cash in on years of discrimination?
No. Backpay for most claims could only include the last two years of paychecks, so employees have incentive to file a claim right away. Plus, employees would be highly unlikely to forego a full and fair paycheck right now in order to wait and sue years later to recover money they could have received years earlier.