Wage discrimination claim timely, even though discriminatory decision occurred beyond statute of limitations period.

Three female tenured professors, each with at least 19 years of service, alleged discrimination in wages due to their gender and during their entire term of employment. The New Jersey Supreme Court, breaking from the United States Supreme Court decision in Ledbetter v. Goodyear Tire & Rubber Company, determined that each discriminatory paycheck was a discrete act for statute of limitations purposes. As such, the plaintiffs could pursue an action under the NJLAD for those wages paid during the two years preceding the institution of suit, even though the discriminatory conduct occurred outside of the statute of limitations period. As such, the claim was timely, even if the only discriminatory action occurred at the time of hire 19 years earlier.

Case Law Alert - 1st Qtr 2011