The United States Supreme Court just decided Lewis v. Chicago, which is a Title VII case addressing a statute of limitations issue. The case holds that a plaintiff who does not file a timely administrative charge challenging the adoption of a practice may assert a disparate-impact claim in a timely charge challenging the employer’s later application of that practice as long as he alleges each of the elements of a disparate-impact claim. Hence an employee who knows about a new rule or requirement (here a written exam) can wait until he is actually affected by the change before filing suit.
