Lies multiply in election years. Legal commentator John Rosenberg notes that he “received in the mail today a glossy, large flyer from the ‘Democratic Party of Virginia’ saying, with many incorrect examples, that ‘John McCain opposes equal pay for women.’”
In reality, neither McCain nor Obama has ever suggested that equal pay for women is a bad idea. Instead, they disagree on what the legal deadline should be for bringing pay discrimination claims. Obama just thinks the deadline for suing should be longer than McCain does.
Every employment lawyer knows that equal pay is already mandated by federal law, and that employees can sue over pay discrimination years after it happens. An employee can sue both under the Equal Pay Act, which has a three-year deadline, and under Title VII, which has a 180-day or 300-day deadline (depending on the state). Moreover, these deadlines can be extended when appropriate under a doctrine known as “equitable tolling.”
In Ledbetter v. Goodyear, the Supreme Court, in a divided 5-to-4 decision, applied the Title VII deadline rigorously, holding that the deadline runs from the date of the first paycheck affected by the discrimination — even if future paychecks are affected by the discrimination, too. (The plaintiff in Ledbetter could have sued instead under the Equal Pay Act, which had a longer deadline. Instead, the plaintiff inexplicably sued only under Title VII — and waited to sue until long, long after she suspected discrimination). Four dissenting justices argued the deadline should run only from the last paycheck or pension benefit affected by the discrimination — even though that could result in an employer being sued decades later, even after the supervisor who originally set the pay has retired or died.
Obama agrees with the four dissenters, who argued that the deadline should run from the last paycheck affected by the discrimination, and has supported legislation, called the “Lilly Ledbetter Fair Pay Act,” to override the Supreme Court’s decision.
By contrast, McCain’s view is closer to that of the Supreme Court’s majority, and he has opposed the bill to overturn the Supreme Court’s Ledbetter decision, viewing it as opening the floodgates to litigation and stale claims.
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Sarah Palin, Vice Presidential Candidate, has been a target for media criticism more than she has for praise for her service and character. For instance, she appeared on Saturday Night Live last weekend after the show had spoofed her. The jeers continue, as the press continues to chip away at her performance as governor of Alaska to her 17 year old daughter becoming pregnant out of wedlock, and taking shots at her character. Furthermore, some liberal pundits maintain the position that the country will fall into shambles if John McCain were to be elected into office, then become incapacitated. Many of these diatribes are little more than character assassinations. A good number of Alaskans admire Sarah Palin. Her record shows her commitment to disabled persons, with a good deal of work with people afflicted with Down syndrome, autism, and other conditions that never received the care they needed and deserved. Many citizens champion her advocacy of personal responsibility and financial freedom, including her opposition to measures that would do away with cash advances, which are a legitimate resource that many working people have relied on and continue to do so as a resource for tough times to help them weather the storms they experience.
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