United States Supreme Court Concludes that Every Time a Discriminatory Practice is Used, it Gives Rise to Discrimination Claim

In a decision issued May 24, 2010, the United States Supreme Court ruled that, in claims of disparate impact, every time a discriminatory practice is used a new cause of action arises, even if the decision establishing that practice was made after the statute of limitations has run.  Justice Scalia, writing the opinion for the Court in Lewis v. Chicago, declared that, although the Court had ruled in a seemingly contrary fashion for disparate-treatment claims, the result was required by the statutory language, which expressly give a cause of action against an employer who “uses a particular employment practice that causes a disparate impact.”  The decision was unanimous.