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Total Articles: 4

High Court Decision Addresses Disparate Impact.

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.

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.

Slender Sup. Ct. Majority Promotes Certainty In Incentive Pay Plans.

Like many employers, Goodyear Tire & Rubber Co. based its employees' salary at least partially on the performance reviews of supervisors and managers to whom employees report. Better performance reviews were rewarded with corresponding pay raises.

Supreme Court Requires Timely Challenge To Pay Decisions

In a sweeping decision, a 5-4 majority of the U.S. Supreme Court, split along ideological lines, ruled today that Title VII plaintiffs must timely challenge particular pay decisions and cannot rely on the continuing violation theory to reach back to allegedly discriminatory decisions made before the charge filing period established by the Equal Employment Opportunity Commission (EEOC). Ledbetter v. Goodyear Tire & Rubber Co., No. 05-1074, U.S. Supreme Court (May 29, 2007).
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