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United States Third Circuit


Mikula v. Allegheny County of Pennsylvania, 07-4023

In plaintiff's gender and employment discrimination action alleging pay disparity against County-employer under Title VII and the Equal Pay Act of 1963, district court's judgment that the Title VII claim is untimely as to paychecks plaintiff received after June 20, 2006, is reversed and remanded in light of the Lilly Ledbetter Fair Pay Act of 2009, where a failure to answer a request for a raise qualifies as a compensation decision because the result is the same as if the request had been explicitly denied.

Appellate Information

  • Decided 09/10/2009
  • Published 09/10/2009

Judges

  • Before BARRY, SMITH and GARTH, Circuit Judges.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Dina R. Lassow, Esq., National Women's Law Center, Washington, D.C., for Appellant., Mary Catherine Roper, Esq., American Civil Liberties Union of Pennsylvania, Philadelphia, PA, for Amici-Appellants American Civil Liberties Union, American Civil Liberties Union of Pennsylvania, National Partnership for Women & Families, and Women's Law Project., Witold J. Walczak, Esq., American Civil Liberties Union, Pittsburgh, PA, for Amici-Appellants American Civil Liberties Union, American Civil Liberties Union of Pennsylvania, National Partnership for Women & Families, and Women's Law Project.

  • For Appellees:
  • Caroline P. Liebenguth, Esq., Office of Allegheny County Law Department, Pittsburgh, PA, for Appellee., Katherine Y. Cheung, Esq., Norris, Tysse, Lampley & Lakis, Washington, D.C., for Amici-Appellees Equal Employment Advisory Counsel and Chamber of Commerce of the United States of America.
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