Supreme Court: Title VII 15-employee threshold NOT jurisdictional
Issued today: Arbaugh v. Y & H Corp. 546 U.S. ___ (Feb. 22, 2006). Opinion 8-0 with Justice Alito not participating.
Justice Ginsburg wrote the opinion for the Court, reversing the Fifth Circuit and holding that Title VII's numerical threshold does not circumscribe federal-court subject-matter jurisdiction. Instead, the employee-numerosity requirement relates to the substantive adequacy of a plaintiff's Title VII claim, and therefore cannot be raised defensively late in the lawsuit.
Here's the opinion.________________________________Don't forget to listen to our Podcast:The Employment Law Update.Sexual Harassment, Pregnancy Discrimination, Age Discrimination, San Antonio, Employment Lawyer
Justice Ginsburg wrote the opinion for the Court, reversing the Fifth Circuit and holding that Title VII's numerical threshold does not circumscribe federal-court subject-matter jurisdiction. Instead, the employee-numerosity requirement relates to the substantive adequacy of a plaintiff's Title VII claim, and therefore cannot be raised defensively late in the lawsuit.
