Arbaugh v. Y & H Corp., dba The Moonlight Cafe , 546 U.S. ___, (U.S. Feb. 22, 2006)
Articles Discussing Case:
U.S. Supreme Court Imposes Burden On Small Employers (pdf).
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.
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.
