In still represents another great example of how Massachusetts law is more favorable to employees discriminated against when the Federal Republic, the federal courts have limited the statute of limitations on filing wage discrimination claims. The Supreme Court of the United States decided last summer that the limitation provision in Title VII to require workers to pay discrimination claims with the EEOC file within 180 days after the first decision of the employer, as a resultdiscriminatory content. Ledbetter v. Goodyear Tire 127 S. Ct. 2162 (2007). The current law was before the holding that any act of discrimination would constitute a clear discriminatory act. The decision significantly limits an employee under the federal system. If an employee is terminated at a lower salary then similarly situated employees then the different content of each paycheck not, would a permanent injury, as it would likely to MassachusettsLaw.
Massachusetts courts have ruled that the 180-day limitation does not apply where the unlawful conduct of the defendant of a continuing nature. This exception recognizes that some claims of discrimination on a number of events, which are considered in their entirety in order to assess adequately their discriminatory nature and impact. Despite the limitations clock starts generally with the commission of a discriminatory act, a true "continuing violation" rewindsthe clock for each discriminatory result on the road. Cuddy v. Stop & Shop Supermarket Co., 434 Mass. 521 (2001). Where there is a provision of a continuing violation within the statutory period of limitation of Massachusetts General Laws ch. 151B, a complaint with the Massachusetts Commission Against Discrimination (MCAD) is timely filed, even if some or much of the discriminatory conduct may have taken place more than six months before the Board. Id.
BothMassachusetts Supreme Court and the Court of Appeals have relied upon to enable the continuing violation doctrine to plaintiffs to seek damages if the alleged events part of a continuing pattern of discrimination, and it is a discrete violation within six months limitation period anchor earlier claims.
