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.
Although Chicago 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–Justice Antonin Scalia delivered the unanimous opinion of the Supreme Court.
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