To avoid the ongoing onslaught of annoying political advertisements as the election draws near, I have repaired to an underground bunker two miles below the Black Hills. Even so, the limestone hasn’t blocked all of this noise, including the revived discussion of the narrative behind the Lilly Ledbetter Equal Pay Act.
Several years ago, I wrote about the Supreme Court decision that led to this law, in connection with the broader subject of what “continuing violations” of the law are, and how courts should address them. As I always seize any opportunity to attach myself to an ongoing controversy, here is a link to that article. The basic points of the piece being: (1) assertions that a violation of the law “continues” over time often present extremely difficult legal issues; (2) there exist at least two different types of continuing violations; (3) most of the frameworks that courts have adopted to assess continuing violations are wrong; and (4) I think the Supreme Court’s decision in Ledbetter was defensible, if not inevitable.