United States Supreme Court Employment Law Cases
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Lewis v. City of
Chicago (08-974)
In disparate impact case,
the use of an earlier unlawful employment practice states a claim.
Decided May 24, 2010
[Opinion full text]
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The City administered a written test to firefighter
job applicants in 1995. The City notified applicants of the results at the end
of January 1996. Plaintiffs filed an EEOC charge on March 21, 1997 claiming that
the test had a disparate impact on black applicants and was not a valid test of
firefighting aptitude. The charge was filed more than 400 days after the
plaintiffs were notified, but within 300 days of the City's beginning to hire
applicants. The trial court ruled that each hiring was a fresh violation of
Title VII, so the plaintiffs' suit was timely. The 7th Circuit reversed, finding
that "discrimination was complete when the tests were scored" and
"was discovered when the applicants learned the results." Therefore,
the EEOC charge was not filed on time.
The US Supreme Court unanimously
reversed, holding that a plaintiff who
does not file a timely charge challenging the adoption of a practice may
assert a disparate-impact claim in a timely charge challenging the employer’s
later application of that practice as long as he alleges each of the
elements of a disparate-impact claim. Here, the question was not whether the
claim based on the City's conduct was timely, but whether it can be the basis
for a disparate-impact claim at all. The Court concluded that it can be. The
Court said, "a plaintiff
establishes a prima facie disparate-impact claim by showing that the employer 'uses
a particular employment practice that causes a disparate impact' on one of
the prohibited bases."
Case below: Lewis
v. City of Chicago (7th Cir 06/04/2008)
Question presented: Under Title VII, a plaintiff seeking to bring suit
for employment discrimination must first file a charge of discrimination with the EEOC within 300
days after the unlawful employment practice occurred. Where an employer adopts an employment
practice that discriminates against African Americans in violation of Title VII’s disparate impact provision,
must a plaintiff file an EEOC charge within 300 days after the announcement of the practice, or
may a plaintiff file a charge within 300 days after the employer’s use of the discriminatory practice?
Certiorari Documents:
Briefs on the merits:
Counsel:
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