In plaintiff’s gender and employment discrimination action alleging pay disparity against County-employer under Title VII and the Equal Pay Act of 1963, district court’s judgment that the Title VII claim is untimely as to paychecks plaintiff received after June 20, 2006, is reversed and remanded in light of the Lilly Ledbetter Fair Pay Act of 2009, where a failure to answer a request for a raise qualifies as a compensation decision because the result is the same as if the request had been explicitly denied.      

Read Mikula v. Allegheny County of Pennsylvania, No. 07-4023

Appellate Information

On Appeal from the United States District Court for the Western District of Pennsylvania(D.C. Civil Action No. 06-cv-1630)District Judge: Honorable Arthur J. Schwab

Opinion Filed September 10, 2009

Judges

Before:  Barry, Smith, and Garth, Circuit Judges Per Curium Opinion

Counsel

Counsel for Appellant:  Dina R. Lassow of National Women’s Law Center 

Counsel for Appellee: Caroline P. Liebenguth, Office of Allegheny County Law Department. 

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