Lewis v. City of Chicago - Post-Decision SCOTUScast
SCOTUScast 06-17-2010 featuring Elizabeth K. Dorminey
On May 24, 2010, the Supreme Court announced its decision in Lewis v. City of Chicago. Title VII of the Civil Rights Act of 1964 prohibits employers from using employment practices that cause a disparate impact on the basis of race, among other bases. Title VII also requires plaintiffs to file a timely charge of discrimination with the Equal Employment Opportunity Commission before beginning a federal lawsuit. The question in this case was whether a plaintiff who does not file a timely charge challenging the adoption of a practice -- in this case, an employer’s decision to exclude employment applicants who did not achieve a certain score on an examination -- may assert a disparate impact claim in a timely charge challenging the employer’s later application of that practice.
In a 9-0 opinion delivered by Justice Scalia, the Court held that a plaintiff who does not file a charge challenging the adoption of a practice may assert a disparate impact claim in a timely charge challenging the employer’s later application of that practice as long as he alleges each of the elements of a disparate impact claim.
To discuss the case, we have Elizabeth K. Dorminey, who is Of Counsel with Wimberly, Lawson, Steckel, Schneider & Stine P.C.
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