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Almond v. Unified School District #501

United States Court of Appeals for the Tenth Circuit
665 F.3d 1174 (10th Cir. 2011)


Dwight Almond (plaintiff) worked in maintenance for Kansas Unified School District #501 (the District) (defendant). In 2003, facing budgetary strains, the District notified Almond it planned to reduce his pay. The District transferred Almond to a lower-paying janitorial position, but agreed in writing to delay Almond’s salary reduction for two years. In 2006, Almond filed an administrative charge alleging the pay reduction resulted from unlawful age discrimination rather than fiscal necessity. Almond attempted to sue, alleging the District violated the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq. The district court held the lawsuit was untimely due to the ADEA’s limitations provision. It reconsidered Almond’s claim after Congress passed the Lilly Ledbetter Fair Pay of 2009 (Ledbetter Act), 42 U.S.C. §2000e-5(e)(3)(A), which reworked limitations requirements for unequal pay claims. The court again dismissed Almond’s lawsuit. Almond appealed.

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