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Supreme Court Outlook for 2005-2006
This term, the United States Supreme Court will consider a number of cases that may impact employers and employees. Here is an in-depth rundown.
Arbaugh v. Y& H Corp.
In Arbaugh v. Y&H Corp., U.S., No. 03-30365, the Court will settle a split among the U.S. Appellate Courts and decide whether Section 701(b) of Title VII of the Civil Rights Act of 1964 (which defines “employer” as a person who employs 15 or more employees for at least 20 weeks of the relevant time period) is relevant to federal subject matter jurisdiction or if it is an element of the merits of the case. The Court's ruling will impact the stage of litigation at which courts may hear challenges to the case's Section 701(b) compliance. The Court of Appeals for the Fifth Circuit, where this case arose, held that the employee census is relevant to federal subject matter jurisdiction. In the Second and Seventh Circuits, the courts have held that determination is an element of the merits of the case. Oral argument is scheduled for Nov. 7, 2005.
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