United States Seventh Circuit

In an action brought under Title VII involving the Chicago Fire Department's hiring practices, alleging that the test administered by defendant separating those eligible to work into "well qualified" and "qualified" groups had a disparate impact on the black applicants and was not a valid test of aptitude for firefighting, judgment for the plaintiff is reversed where: 1) the filing of the claim was untimely since the injury took place when black applicants were classified as "qualified" and not each time the city hired applicants in the "well qualified" group; 2) there was no continuing violation since the plaintiffs were injured when they were placed in the "qualified" category; and 3) equitable tolling did not apply.

Appellate Information

• Argued 02/22/2008
• Decided 06/04/2008
• Published 06/04/2008

Judges

• POSNER, Circuit Judge., Before EASTERBROOK, Chief Judge, and BAUER and POSNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Judson H. Miner (argued), Miner, Barnhill & Galland, Matthew J. Piers, Hughes Socol Piers Resnick & Dym, Chicago, IL, for Plaintiffs-Appellees., Benna R. Solomon (argued), Nadine J. Wichern, Office of the Corporation Counsel, Chicago, IL, for Defendant-Appellant.