Final answer:
The Lilly Ledbetter Fair Pay Act allows former employees to file an action for constructive discharge within six months after receiving any discriminatory paycheck. This act was passed to help those who discover pay discrimination against them long after the initial discriminatory decision was made. The statute of limitations for filing a lawsuit is reset with each discriminatory paycheck received.
Step-by-step explanation:
The time frame a former employee has to bring an action for constructive discharge varies based on the legislation under which the action is filed. One significant piece of legislation related to employment and discrimination is the Lilly Ledbetter Fair Pay Act of 2009, which was passed in response to the Supreme Court case Ledbetter v. Goodyear Tire & Rubber Co.. This act extended the period to file an action to within six months after any discriminatory paycheck is received, rather than from the first occurrence of discrimination.
While plant closings or large layoffs require employers with more than 100 employees to provide written notice 60 days before the action, this is separate from the issue of constructive discharge, which deals specifically with situations where an employee is forced to resign due to discriminatory practices. Under the Lilly Ledbetter Fair Pay Act, each paycheck that reflects discriminatory practices effectively resets the statute of limitations clock, providing employees with a more flexible timeframe to seek redress for discrimination.