Title VII of the Civil Rights of 1964 prohibits an employer from engaging in discriminatory employment practices on the bases of race, color, religion, sex, or national origin. The United States Supreme Court issued a decision in Lewis v. City of Chicago, Illinois, 130 S.Ct. 2191 (2010), which affects the amount of time an employee has to file a Title VII discrimination claim with the Equal Opportunity Employment Commission (EEOC).

Before commencing a federal lawsuit under Title VII, a plaintiff must file a timely charge of discrimination with the EEOC. Prior to Lewis, it was thought that an employee had 300 days from the date the discrimination first occurred to file a claim with the EEOC. This statute of limitation often prevented plaintiffs from filing a lawsuit because they did not become aware of the employer’s discriminatory practice until years after it first occurred.

The new standard announced in Lewis is that the statute of limitation for a Title VII claim shall be measured from the employer’s adoption, and each subsequent us of, an unlawful employment practice in making an employment decision. Therefore, each use of an unlawful employment practice by an employer is considered a new violation of Title VII, for purposes of the statute of limitations. 

What It Means to You

Allegations of unlawful employment practices under Title VII require careful consideration and analysis of the policies, procedures and rationale behind the implementation of the particular employment practice. The attorneys at Cipriani & Werner are ready to assist you in evaluating your rights and remedies in a Title VII claim.