Supreme Court: Title VII 15-employee threshold NOT jurisdictional

Issued today: Arbaugh v. Y & H Corp. 546 U.S. ___ (Feb. 22, 2006). Opinion 8-0 with Justice Alito not participating.

Justice Ginsburg wrote the opinion for the Court, reversing the Fifth Circuit and holding that Title VII's numerical threshold does not circumscribe federal-court subject-matter jurisdiction. Instead, the employee-numerosity requirement relates to the substantive adequacy of a plaintiff's Title VII claim, and therefore cannot be raised defensively late in the lawsuit.

Here's the opinion.________________________________Don't forget to listen to our Podcast:The Employment Law Update.Sexual Harassment, Pregnancy Discrimination, Age Discrimination, San Antonio, Employment Lawyer