Lewis et. al. v. The City of Chicago



A plaintiff who does not file a timely 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 pursuant to The Civil Rights Act of 1964.

The Court held that . . . "[d]etermining whether petitioners’ charges were timely requires“identify[ing] precisely the ‘unlawful employment practice’ of which” they complain. Delaware State College v. Ricks, 449 U. S. 250, 257. With the exception of the first selection round, all agree that the challenged practice here the City’s selection of firefighter hires on the basis announced in 1996—occurred within the charging period. Thus, the question is not whether a claim predicated on that conduct is timely, but whether the practice thus defined can be the basis for a disparate-impact claim at all. It can. A Title VII plaintiff establishes a prima facie claim by showing that the employer “uses a particular employment practice that causes a disparate impact” on one of the prohibited bases The Civil Rights Act of 1964. . ." 42 U.S.C. §2000e–2(k).

See more at


LOADING PDF: If there are any problems, click here to download the file.

Reference Info:Decision | Federal, U.S. Supreme Court | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ryan Nalley, The Law Office of Ryan Scott Nalley | Attorney Advertising

Written by:


The Law Office of Ryan Scott Nalley on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.