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.

Written by:

Published In:

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

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »


Ryan Nalley
The Law Office of Ryan Scott Nalley

Ryan Scott Nalley is a former private investigator, who is now an attorney at law concentrating in... View Profile »

Follow The Law Office of Ryan Scott Nalley:

Reporters on Deadline

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* 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.