The 3rd U.S. Circuit Court of Appeals has taken its first step toward limiting the reach of the Lilly Ledbetter Fair Pay Act of 2009 (FPA). Earlier this month, the 3rd Circuit rendered a decision in Noel v. The Boeing Co. in which it disagreed with the plaintiff-employee’s position that a “failure to promote” claim can arise under the FPA.
According to the opinion, Emmanuel Noel, a black Haitian national, worked for Boeing as a metal assembler. At times, Boeing was able to offer work at offsite locations, which provided greater pay. Noel’s Title VII claim alleged that while Noel was working at one of these offsite locations, two white males also working there were promoted whereas Noel was not. Noel also claimed that employees with less seniority than him were selected for offsite work instead of him. He alleged that these decisions were made because of intentional discrimination and disparate treatment based on his race and national origin.
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