With its decision in Noel v. Boeing Co., the 3rd Circuit joins the D.C. Circuit in limiting the applicability of the Lilly Ledbetter Fair Pay Act. In February, the D.C. Circuit ruled in Schuler v. PricewaterhouseCoopers LLP that the Fair Pay Act doesn't apply to failure to promote claims. In Schuler, the plaintiff claimed that he wasn't promoted due to age discrimination and thereafter suffered pay discrimination.

“The D.C. Circuit's analysis was really the foundation for the 3rd Circuit's decision,” says Ken Yerkes, chairman of Barnes & Thornburg's Labor and Employment Law Department. “Like the 3rd Circuit, they determined that would essentially destroy the administrative rules under Title VII.”

Seyfarth Shaw Partner Camille Olson says the rapid decisions coming down on the scope of the Ledbetter Act are helpful for lawyers on both the plaintiff and defense side of employment disputes.