Supreme Court Docket Report - October Term, 2004 - No. 11

Originally published May 16, 2005

Recently the Supreme Court granted certiorari in one case of interest to the business community. Barring extensions, amicus briefs in support of the petitioner will be due on June 30, 2005, and amicus briefs in support of the respondent will be due on August 4, 2005.

Employment Discrimination Litigation — Title VII — Number of Employees Necessary for Federal Jurisdiction.

Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-2000e-17, prohibits employment discrimination by employers employing fifteen or more employees. See 42 U.S.C. §§ 2000e, 2000e-2. Under 42 U.S.C. § 2000e-5(f)(3), a person alleging a violation of Title VII may bring suit in federal court. The Supreme Court granted certiorari in Arbaugh v. Y&H Corp., No. 04-944, to decide whether, for purposes of Title VII suits, the employment of fifteen or more employees is a jurisdictional limitation on the power of the federal courts or simply a factual element that, if denied, the