Employee Threshold on Federal Antidiscrimination Statutes: A Matter of the Merits

18 Pages Posted: 28 Oct 2009

See all articles by Christine Neylon O'Brien

Christine Neylon O'Brien

Boston College - Carroll School of Management

Stephanie M. Greene

Boston College - Carroll School of Management

Date Written: October 27, 2007

Abstract

In Arbaugh v. Y & H Corporation, the United States Supreme Court considered whether the number of employees required for an employer to be covered by federal antidiscrimination statutes is a jurisdictional matter or a question that speaks to the merits of a claim. Resolving a split among the federal circuit courts of appeal, the Court held that the employee numerosity threshold is an element of a plaintiff's claim, not an issue that determines federal court subject matter jurisdiction. The facts and history of the Arbaugh case reveal that the characterization of the issue involves questions of fairness and judicial efficiency. Arbaugh had litigated her Title VII case, received a verdict in her favor, only to see the verdict vacated when the defendant belatedly raised the paucity of employees as a basis for a motion for summary judgment. The United States Court of Appeals for the Fifth Circuit upheld the district court's ruling, finding that the employee numerosity issue was a question of subject matter jurisdiction that could be raised at any time. In reversing the appellate court's decision, the Supreme Court noted three reasons that support characterizing the issue as one going to the merits of a claim rather than as one of subject matter jurisdiction. First, the Court found it improbable that Congress intended courts to raise such issues themselves, as they would be required to do if the issue were characterized as one of subject matter jurisdiction. Second, the Court found that issues such as employee numerosity often involve fact intensive inquiries, thereby making the issue one better solved by a jury than a judge. Finally, the Court reasoned that dismissing a case for want of subject matter jurisdiction based on the number of employees, would unduly interfere with pendent state claims that had been fully tried to a jury.

Suggested Citation

O'Brien, Christine Neylon and Greene, Stephanie M., Employee Threshold on Federal Antidiscrimination Statutes: A Matter of the Merits (October 27, 2007). Kentucky Law Journal, Vol. 95, No.2, pp. 429-445, 2007 , Available at SSRN: https://ssrn.com/abstract=1495222

Christine Neylon O'Brien (Contact Author)

Boston College - Carroll School of Management ( email )

140 Commonwealth Avenue
Business Law Department
Chestnut Hill, MA 02467
United States
(617) 552-0413 (Phone)
(617) 552-0414 (Fax)

Stephanie M. Greene

Boston College - Carroll School of Management ( email )

140 Commonwealth Avenue
Chestnut Hill, MA 02467
United States

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