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Hans Bader of the Competitive Enterprise Institute noted that:
Ms. Ledbetter knew about the pay disparity she later sued over for 5 years before filing an EEOC complaint over it, contrary to her later false claim, parroted by the Obama Administration and some in the media, that she only discovered the pay disparity right before suing. Thus, it was her own delay, not unreasonableness by the Supreme Court, that resulted in her losing her pay discrimination case. The Supreme Court’s decision did not say that the statutory deadline must be applied rigidly in all cases, but in fact, left open the possibility that the deadline could be extended in appropriate circumstances, in footnote 10 of its ruling. It also noted that Ledbetter could have pressed her claim instead under another law, the Equal Pay Act, which has a longer deadline for suing.
Ledbetter learned of the pay disparity by 1992, as excerpts from her deposition, filed with the Supreme Court as part of the Joint Appendix, illustrate. In response to the question: “So you knew in 1992 that you were being paid less than your peers?” she answered simply “yes, sir.” (See Joint Appendix at pg. 233; page 123 of Ledbetter’s deposition). But she only filed a legal complaint over it in July 1998, shortly before her retirement later that year.