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Lewis v. City of Chicago (U.S. 2010)

Articles Discussing Case:

Justices Ignite "Fire" In Disparate Impact Case.

Ogletree Deakins • June 15, 2010
With Justice Antonin Scalia writing a unanimous opinion, the U.S. Supreme Court ruled in a case brought by a group of African-American firefighter applicants who alleged that the city of Chicago's applicant selection process had a disparate impact on African-Americans in violation of Title VII of the Civil Rights Act of 1964. Specifically, the applicants challenged the city's decision to exclude employment applicants who did not achieve a certain score on an examination - but not the city's decision to adopt that employment practice. The Court ruled that a plaintiff who does not file a timely charge challenging the adoption of a practice nevertheless may assert a disparate impact claim in a timely charge challenging the employer's later application of that practice so long as he or she alleges each of the elements of a disparate impact claim.

High Court Decision Addresses Disparate Impact.

Franczek Radelet P.C • May 27, 2010
In a unanimous decision, the Supreme Court held yesterday that a plaintiff who does not file a timely charge challenging the adoption of a particular employment practice may nevertheless assert a disparate impact claim that challenges the employer’s subsequent application of that practice. Lewis v. City of Chicago, No. 08-974 (May 24, 2010).

Supreme Court Deals Blow to Employers in Disparate Impact Cases.

Fisher Phillips • May 25, 2010
The U.S. Supreme Court handed employees and job applicants a victory by recognizing that, in a disparate impact (i.e., unintentional discrimination) case, the Title VII statute of limitations is measured from the employer's adoption and each subsequent use of an unlawful employment practice. Each use of an unlawful employment practice – such as multiple rounds of hiring based on a written test that has a disparate impact on minority applicants – is now considered a new violation of Title VII, which will make it easier for employees to file timely claims.