Total Articles: 3
Justices Ignite "Fire" In Disparate Impact Case.
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.
Supreme Court Limits Title VII Pay Discrimination Cases (pdf).
On May 29, 2007, the U.S. Supreme Court ruled that Title VII of the Civil Rights Act of 1964 limits the damages an employee can recover when isolated disriminatory acts from the distant past result in disparity in the employee's current level of pay.
A. Continuing Violation May Result Where Employer Maintains Potentially Discriminatory Policy.
Discusses California Dept. of Youth Authority, No. 99-17140 (9th Cir. November 14, 2001), in which the court reversed summary judgment in favor of the California Dept of Youth Authority in a disability discrimination/failure to hire case, in a potentially far-reaching extension of the continuing violations doctrine.
