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 Arbaugh v. Y & H Corp., dba The Moonlight Cafe , 546 U.S. ___, (U.S. Feb. 22, 2006)
Ogletree Deakins - May 10, 2006 Title VII of the Civil Rights Act of
1964 clearly states that it only covers
employers with at least 15 employees.
What hasn’t been clear, however, is
whether this is an element of the suing
worker’s claim or a jurisdictional
matter that impacts the court’s ability
to hear the case. Last year, the U.S. Supreme
Court agreed to hear a case raising
this very issue, and has recently
released their opinion – finding against
the small employer.  Title VII’s 15 Employee Requirement Threshold Is Not Jurisdictional (pdf).Phelps Dunbar LLP - April 12, 2006 In Arbaugh v. Y & H Corporation, 126 S.Ct. 1235(2006), the United States Supreme Court held thatthe employee-numerosity requirement of Title VII (i.e.,an employer must employ at least fifteen or more) ismerely an element of the Plaintiff’s claim, and not ajurisdictional requirement that could be questioned atany stage of the litigation. Small Employers Beware: The U.S. Supreme Court Has Ruled that Title VII's Employee-Numerosity Requirement Does Not Determine Jurisdiction.Littler Mendelson, P.C. - March 06, 2006 Small employers should take special care to advise their counsel of the total number of their employees as early as possible as it may help avoid unnecessary litigation. On February 22, 2006, the United States Supreme Court unanimously ruled in Arbaugh v. Y & H Corp., dba The Moonlight Cafe , 546 U.S. ___, that the 15-employee threshold for determining whether an employer is covered by Title VII of the Civil Rights Act of 1964 ("Title VII") is an element of a plaintiff's claim for relief and does not affect a federal court's jurisdiction to adjudicate the case. This decision is significant to small employers throughout the nation because those who are too small to be subject to Title VII may nevertheless be held to the requirements of that statute if they wait too long to assert their size as a defense. Federal Court Jurisdiction over Title VII Claims Does Not Rest on Law's Fifteen-Employee Threshold.Jackson Lewis LLP - March 03, 2006 In a case involving procedural issues in employment discrimination litigation, the U. S. Supreme Court has found that federal court jurisdiction over Title VII claims is not determined by the statute's 15-employee minimum. The statutory requirement that, to be subject to Title VII, an employer must have 15 or more employees relates to the merits of the discrimination claim, rather than conferring the authority for a federal court to hear and decide the dispute. One of the practical effects of the 8-0 ruling is that an employer cannot seek to dismiss Title VII claims after trial, as was attempted by the employer in this case, based on an assertion that the employer had fewer than 15 employees and thus was not subject to the statute's anti-discrimination provisions. Such a challenge must be brought before trial, as it relates to the sufficiency of the charges rather than the jurisdiction of the court. Small Employers Should Raise Size Defense Early in Discrimination Litigation.Ford & Harrison LLP - March 02, 2006 The U.S. Supreme Court has held that an employer who waited until two weeks after the conclusion of a sexual harassment trial to raise the defense that it is too small to be covered by Title VII waived this defense.
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