Employment Litigation · Primary-source case analysis

Lewis: Each Use of an Employment Test Cutoff Could Start a Timely Disparate-Impact Claim

By Aneeta Mishra and Timothy Chan

Published August 19, 2026

Lewis v. City of Chicago involved Black firefighter applicants who challenged repeated hiring rounds drawn from a list limited to applicants scoring at least 89 on an earlier examination.

Adoption and application were distinct employment practices

The City first selected the cutoff and later repeatedly used it to choose candidates. A disparate-impact claim could target a timely application even if the original adoption was outside the charge period.

The claim depended on the statutory disparate-impact text

Title VII reaches an employer that uses a particular employment practice causing an unjustified disparate impact, not only the moment the practice was first designed.

Timeliness did not establish liability

The applicants still had to prove the challenged use caused the disparity and satisfy the remaining elements, while the employer could litigate business necessity and alternatives.

The precise practice must be identified

A filing should distinguish the test, cutoff, eligibility list, and each selection round rather than relying on a vague continuing-violation label.

Key takeaways

• Calendar the charge period from each challenged application of a practice.
• Identify the exact cutoff or selection mechanism used.
• Preserve applicant-pool and hiring-round data.
• Analyze causation, business necessity, and less discriminatory alternatives separately.