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

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