Ledbetter Act a Lead Balloon
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The theory and application of statues of limitations, from Hawaii:
Although it seems intrinsically unfair to many that a legal technicality should close the courthouse doors, statutes of limitations, as the majority of the Court observed, do serve several essential functions in the operation of law that justify their cost in terms of barred meritorious claims. In general, limitations periods serve five broad purposes. Justice Story best articulated the most common rationale for the statute of limitations: "It is a wise and beneficial law, not designed merely to raise a presumption of payment of a just debt, from lapse of time, but to afford security against stale demands, after the true state of the transaction may have been forgotten, or be incapable of explanation, by reason of the death or removal of witnesses.
Our Key Vote letter explaining, in detail, the problems with the Ledbetter Act.
The Chamber strongly supports equal employment opportunity and effective mechanisms to achieve this important goal. However, the Chamber opposes S. 181 on both substantive and procedural grounds....Many legitimate concerns have since 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.