Supreme Court expands time to sue over policies with disparate impact

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in Discrimination and Harassment,Hiring,Human Resources

There may be a ticking time bomb lurking in your employment policies and practices. It may go off at any time, when you least expect it. During its most recent term, the U.S. Supreme Court unanimously ruled that employers can be held liable upon the use of employment practices that have a disparate impact on employees, no matter how long ago the challenged practice was adopted.

In other words, a policy you created decades ago but never used can become the basis for an employment discrimination lawsuit the first time you brush it off and put it into practice.

In Lewis v. City of Chicago (Case No. 08-974, U.S. Supreme Court, 2010), some minority applicants for firefighter positions sued the city of Chicago under Title VII for unlawful disparate impact discrimination. In the incident in question, the city classified them as “qualified” and not “well-qualified” in 1997 based on an examination adopted in 1995 and a scoring and sc...(register to read more)

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