Why not just make the period of time to file a claim longer than 180 days and leave the starting point as the original pay-setting decision?
Lilly Ledbetter didn’t find out about the pay discrimination against her until she received an anonymous note well after the pay-setting decision was made. Her story shows that knowledge of a discriminatory practice often comes many years after the discrimination begins. Setting an arbitrary period of time will prevent employees from seeking a remedy, even if they had no way of knowing about the discrimination within the time period. Although some have argued that the passage of too much time from the discriminatory decision will make it harder to recover evidence, this fact hurts employees as much or more than it hurts employers since employees bear the burden of proving discrimination in these cases.
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