1 Journal of Legal, Ethical and Regulatory Issues, Volume 12, Number 1, 2009 THE TIME IS RIGHT – OR IS IT? THE SUPREME COURT SPEAKS IN LEDBETTER V. GOODYEAR TIRE & RUBBER CO. Linda L. Barkacs, University of San Diego Craig B. Barkacs, University of San Diego ABSTRACT In a 5-4 decision, the U.S. Supreme Court ruled that an employee may not sue their employer under Title VII unless they have filed a formal complaint with the Equal Employment Opportunity Commission (EEOC) within 180 days after the alleged unlawful employment practice occurred (Ledbetter). The majority opinion, written by Justice Alito, will likely bar many of the 40,000 pay discrimination cases brought between 2001 and 2006. In her scathing dissent, read aloud from the bench, Justice Ginsburg invited Congress to overturn the decision, stating that “The court does not comprehend, or is indifferent to, the insidious way in which women can be victims of pay discrimination” (Ledbetter). FACTS The plaintiff, Lilly Ledbetter (“Ledbetter”), began her career at Goodyear Tire and Rubber (“Goodyear”) in 1979. For most of her twenty year career at Goodyear, Ledbetter was the only female manager. Initially, Ledbetter’s salary was the same as that of the male managers. However, over time, Ledbetter’s salary slipped relative to that of the male managers. By 1997, Ledbetter was not only the sole woman manager, she was also the lowest paid manager. Ledbetter’s monthly salary at the time of her departure was approximately $3,700 per month. Similarly situated male managers at Goodyear made between $4,200 and $5,200 per month. In 1998, Ledbetter filed an administrative claim of discrimination with the Equal Employment Opportunity Commission (“EEOC”). She alleged that Goodyear violated Title VII of the Civil Rights Act of 1964 by paying her a lower salary because of her sex. Ledbetter’s claim eventually went to a jury who found in her favor. The District Court (in Alabama) entered judgment for Ledbetter for back pay, damages, attorney fees, and costs.