High Court Extends Liability For Discrimination Cases

An interesting new consideration in employment tests, which were so much in the news a year ago when the court ruled on a different employment test for firefighters in Connecticut.

Expanding potential liability for employers and their employment practices insurers, the U.S. Supreme Court gave the green light to an employment case involving the use of tests that have a disparate impact on a protected employment class.

At issue in the case, Lewis et al. v. City of Chicago, Illinois, was the question of whether black applicants to firefighter jobs in the City of Chicago who didn’t make the grade, based on results of a written test, had waited too long to file charges of discrimination with the Equal Employment Opportunity Commission.

the City argued against the EEOC charge filings, which were made more than 400 days after test results were announced and missed a 300-day cutoff date for filing the charges...

The City engaged in this activity nine times over a six-year period after initially notifying applicants of their scores.


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