It's opening the door to a lot more claims. That means more burdens on employers in terms of in-house costs, keeping more records and outside legal fees. It's going to be costly for businesses.
The new law would pretty clearly restart the time clock for filing the claim when an employee receives a retirement benefit, a pension benefit, even an (employee stock ownership plan payment). In doing so, the Ledbetter Act exposes employers to endless liability…[it is an] unprecedented expansion [of employment law].
[M]any legitimate concerns have…been raised about this bill, and the hasty attempt to pass it without considering these important issues only heightens the Chamber's concerns that this legislation would dramatically expand the number of frivolous and otherwise questionable cases that could be brought against employers. The Senate would be well served to further examine this bill and properly consider alternative approaches through the Committee process.
[The bill] raises taxes on a narrow sector of the U.S. economy with the aim of funding a broad-based entitlement program, which is grossly unfair and burdensome to American businesses and consumers.
This bill would allow an employee to bring a claim against an employer decades after the alleged initial act of discrimination occurred. Trial lawyers, you can be sure, are salivating at this very prospect.
Unfortunately, these bills will do little to prevent actual instances of unlawful discrimination, but they will open the flood gates to unwarranted litigation against employers at a time when businesses are struggling to retain and create jobs.
Eliminating this statute of limitation does not benefit the employees or employers. Instead, alleged discrimination could go undetected for many years, subjecting an increasing number of employees to wrongful actions. At the same time, employers would be forced to defend against an avalanche of decades-old, potentially frivolous claims. Prompt filing of claims allows employers to identify and, when necessary, to discipline those managers who may be violating the law.
Passing legislation like this will discourage lending. This comes at a particularly bad time when consumers and our economy have already had enough stress to deal with. It's not wise policy to create a consumer credit crunch at the same time that our economy is experiencing a commercial credit crunch.
[The bill], while well-intentioned, will increase the cost of credit for consumers and small businesses across the country, result in less access to credit for consumers and businesses alike, and may further roil the securities markets -- all at a time when our economy can least afford it.
By applying the paycheck rule broadly, it is possible that claims could be filed decades after an allegedly discriminatory act occurred. By applying the rule to pension annuities as well, a cause of action could arise decades after the individual ceased to work for the employer….Subjecting employers to such claims would literally lead to an explosion of litigation second guessing legitimate employment and personnel decisions.
