arbaugh
dba
moonlight
cafe
argued
january
decided
february
title
vii
civil
rights
act
makes
unlawful
employer
discriminate
employee
respect
sex
defines
employer
person
fifteen
employees
act
jurisdictional
provision
empowers
federal
courts
adjudicate
civil
actions
brought
title
vii
title
vii
actions
also
fit
within
judicial
code
grant
jurisdiction
federal
courts
actions
arising
federal
law
time
title
vii
enacted
contained
threshold
left
title
vii
claims
amount
uncovered
section
assured
limitation
impede
title
vii
complainant
access
federal
forum
since
congress
amended
eliminate
threshold
served
simply
underscore
congress
intention
provide
federal
forum
title
vii
claims
congress
also
authorized
federal
courts
exercise
supplemental
jurisdiction
claims
linked
federal
claim
title
vii
plaintiffs
may
pursue
complete
relief
federal
objection
federal
lacks
jurisdiction
see
fed
rule
civ
proc
may
raised
stage
litigation
even
trial
entry
judgment
rule
see
kontrick
ryan
contrast
objection
complaint
fail
state
claim
upon
relief
granted
rule
endures
beyond
trial
merits
rule
petitioner
arbaugh
sued
former
employer
respondent
corporation
federal
district
charging
sexual
harassment
violation
title
vii
asserting
related
claims
case
tried
jury
returned
verdict
arbaugh
entered
judgment
verdict
moved
dismiss
entire
action
want
federal
jurisdiction
asserting
first
time
fewer
employees
payroll
therefore
amenable
suit
title
vii
although
recognizing
unfairness
waste
judicial
resources
granting
motion
entail
district
citing
federal
rule
considered
obliged
believed
requirement
jurisdictional
therefore
vacated
prior
judgment
dismissed
arbaugh
title
vii
claim
prejudice
claims
without
prejudice
fifth
circuit
affirmed
based
precedent
holding
unless
requirement
met
jurisdiction
exist
held
title
vii
numerical
threshold
circumscribe
jurisdiction
instead
requirement
relates
substantive
adequacy
arbaugh
title
vii
claim
therefore
raised
defensively
late
lawsuit
failed
assert
objection
prior
close
trial
merits
basic
statutory
grants
jurisdiction
contained
provides
jurisdiction
provides
iversity
citizenship
jurisdiction
plaintiff
properly
invokes
jurisdiction
pleads
colorable
claim
arising
federal
constitution
laws
see
bell
hood
invokes
jurisdiction
presents
claim
parties
diverse
citizenship
exceeds
required
jurisdictional
amount
currently
see
arbaugh
invoked
jurisdiction
case
aris
es
federal
law
title
vii
specifies
prerequisite
application
existence
particular
fact
employees
resolves
question
whether
fact
jurisdictional
relates
merits
title
vii
claim
mindful
consequences
typing
threshold
determinant
jurisdiction
rather
element
arbaugh
claim
relief
first
jurisdiction
involves
power
hear
case
never
forfeited
waived
cotton
moreover
courts
including
independent
obligation
determine
whether
jurisdiction
exists
even
absence
challenge
party
ruhrgas
ag
marathon
oil
nothing
title
vii
text
indicates
congress
intended
courts
motion
assure
requirement
met
second
instances
jurisdiction
turns
contested
facts
trial
judge
may
authorized
review
evidence
resolve
dispute
satisfaction
essential
element
claim
issue
however
jury
proper
trier
contested
facts
reeves
sanderson
plumbing
products
third
federal
concludes
lacks
jurisdiction
complaint
must
dismissed
entirety
thus
trial
dismissed
along
title
vii
claim
pendent
claims
fully
tried
jury
determined
merits
contrast
grants
motion
dismiss
failure
state
federal
claim
generally
retains
discretion
exercise
supplemental
jurisdiction
pursuant
pendent
claims
congress
make
requirement
jurisdictional
chose
neither
title
vii
jurisdictional
provision
specifies
threshold
ingredient
akin
monetary
floor
instead
threshold
appears
separate
provision
speak
jurisdictional
terms
refer
way
jurisdiction
district
courts
zipes
trans
world
airlines
given
unfairness
waste
judicial
resources
entailed
tying
requirement
jurisdiction
sounder
course
refrain
constricting
leave
ball
congress
legislature
clearly
threshold
limitation
statute
scope
shall
count
jurisdictional
courts
litigants
duly
instructed
left
wrestle
issue
congress
rank
statutory
limitation
coverage
jurisdictional
courts
treat
restriction
nonjurisdictional
character
applying
readily
administrable
bright
line
yields
holding
title
vii
threshold
element
plaintiff
claim
relief
jurisdictional
issue
pp
reversed
remanded
ginsburg
delivered
opinion
members
joined
except
alito
took
part
consideration
decision
case
jenifer
arbaugh
petitioner
poration
dba
moonlight
cafe
writ
certiorari
appeals
fifth
circuit
february
justice
ginsburg
delivered
opinion
case
concerns
distinction
two
sometimes
confused
conflated
concepts
jurisdiction
controversy
essential
ingredients
federal
claim
relief
title
vii
civil
rights
act
makes
unlawful
employer
discriminate
inter
alia
basis
sex
act
jurisdictional
provision
empowers
federal
courts
adjudicate
civil
actions
brought
title
vii
covering
broader
field
judicial
code
gives
federal
courts
jurisdiction
civil
actions
arising
laws
title
vii
actions
fit
description
provision
defining
terms
used
title
vii
congress
limited
definition
employer
include
fifteen
employees
question
presented
whether
numerical
qualification
contained
title
vii
definition
employer
affects
jurisdiction
instead
delineates
substantive
ingredient
title
vii
claim
relief
question
arises
context
jenifer
arbaugh
plaintiff
petitioner
brought
title
vii
action
federal
former
employer
corporation
hereinafter
charging
sexual
harassment
case
tried
jury
returned
verdict
arbaugh
total
amount
two
weeks
trial
entered
judgment
jury
verdict
moved
dismiss
entire
action
want
federal
jurisdiction
first
time
litigation
asserted
fewer
employees
payroll
therefore
amenable
suit
title
vii
although
recognizing
unfair
waste
judicial
resources
grant
motion
dismiss
app
pet
cert
trial
considered
obliged
believed
requirement
jurisdictional
reject
categorization
hold
numerical
threshold
circumscribe
jurisdiction
instead
requirement
relates
substantive
adequacy
arbaugh
title
vii
claim
therefore
raised
defensively
late
lawsuit
failed
assert
objection
prior
close
trial
merits
set
statutory
provisions
rules
bear
case
title
vii
makes
unlawful
employment
practice
employer
fail
refuse
hire
discharge
individual
otherwise
discriminate
individual
respect
compensation
terms
conditions
privileges
employment
individual
race
color
religion
sex
national
origin
spare
small
businesses
title
vii
liability
congress
provided
term
means
person
engaged
industry
affecting
commerce
fifteen
employees
working
day
twenty
calendar
weeks
current
preceding
calendar
year
agent
person
appears
section
headed
definitions
also
prescribes
meaning
title
vii
purposes
terms
used
congress
broadly
authorized
federal
courts
exercise
jurisdiction
civil
actions
arising
constitution
laws
treaties
title
vii
surely
la
ibid
however
title
vii
enacted
umbrella
provision
jurisdiction
contained
limitation
claims
brought
unless
amount
controversy
exceeded
see
title
vii
framed
light
assured
limitation
impede
complainant
access
federal
forum
act
thus
contains
provision
reads
district
place
subject
jurisdiction
shall
jurisdiction
actions
brought
subchapter
congress
amended
eliminate
threshold
see
federal
question
jurisdictional
amendments
act
stat
since
time
title
vii
jurisdictional
provision
served
simply
underscore
congress
intention
provide
federal
forum
adjudication
title
vii
claims
see
brief
amicus
curiae
tr
oral
arg
note
federal
courts
may
exercise
supplemental
jurisdiction
claims
linked
claim
based
federal
plaintiffs
suing
title
vii
may
avail
opportunity
provides
pursue
complete
relief
lawsuit
arbaugh
instant
case
adding
federal
complaint
pendent
claims
arising
state
law
independently
qualify
adjudication
objection
federal
lacks
jurisdiction
see
fed
rule
civ
proc
may
raised
party
initiative
stage
litigation
even
trial
entry
judgment
rule
instructs
whenever
appears
suggestion
parties
otherwise
lacks
jurisdiction
subject
matter
shall
dismiss
action
see
kontrick
ryan
contrast
objection
complaint
fail
state
claim
upon
relief
granted
rule
may
asserted
post
trial
rule
objection
endures
beyond
trial
merits
defense
failure
state
claim
upon
relief
granted
may
made
pleading
motion
judgment
pleadings
trial
merits
cf
kontrick
ii
may
february
jenifer
arbaugh
worked
bartender
waitress
moonlight
cafe
new
orleans
restaurant
owned
operated
arbaugh
alleged
yalcin
hatipoglu
one
company
owners
sexually
harassed
precipitated
constructive
november
arbaugh
filed
suit
district
eastern
district
louisiana
complaint
asserted
claims
title
vii
louisiana
law
app
pet
cert
arbaugh
pleadings
alleged
federal
claim
ar
se
title
vii
federal
district
jurisdiction
claim
plus
supplemental
jurisdiction
claims
record
ed
la
doc
amended
complaint
responsive
pleadings
admitted
arbaugh
jurisdictional
allegations
denied
contentions
merits
doc
answer
complaint
pretrial
order
submitted
signed
parties
later
subscribed
presiding
judge
reiterated
vested
jurisdiction
arbaugh
title
vii
claim
pursuant
ha
supplemental
jurisdiction
state
law
claims
pursuant
doc
order
listed
uncontested
material
facts
including
plaintiff
employed
moonlight
defendants
may
february
terminated
employment
company
list
among
contested
issues
fact
contested
legal
issues
question
whether
requisite
number
employees
record
doc
pp
issue
raised
point
pretrial
trial
parties
consented
trial
magistrate
judge
see
trial
jury
found
arbaugh
sexually
harassed
constructively
discharged
violation
title
vii
louisiana
antidiscrimination
law
verdict
awarded
arbaugh
backpay
compensatory
damages
punitive
damages
trial
entered
judgment
arbaugh
november
two
weeks
later
filed
motion
federal
rule
dismiss
arbaugh
complaint
lack
jurisdiction
record
doc
sole
ground
motion
alleged
first
time
proceedings
employ
fifteen
employees
relevant
period
thus
employer
title
vii
purposes
memorandum
support
rule
motion
dismiss
lack
subject
matter
jurisdiction
trial
commented
unfair
waste
judicial
resources
permit
admit
arbaugh
allegations
jurisdiction
try
case
two
days
assert
lack
subject
matter
jurisdiction
response
adverse
jury
verdict
app
pet
cert
nevertheless
reciting
text
rule
see
supra
trial
allowed
plead
qualify
employer
title
vii
definition
term
app
pet
cert
see
supra
discovery
ensued
dispute
employee
count
turned
employment
status
eight
drivers
engaged
make
deliveries
restaurant
company
four
owners
moonlight
cafe
two
managers
shareholder
spouses
trial
noted
either
delivery
drivers
four
owners
counted
persons
shown
payroll
journals
employed
fifteen
persons
requisite
time
app
pet
cert
reviewing
parties
submissions
however
trial
concluded
neither
delivery
drivers
shareholder
spouses
qualified
employees
title
vii
purposes
based
determination
trial
vacated
prior
judgment
favor
arbaugh
dismissed
title
vii
claim
prejudice
claims
without
prejudice
appeals
fifth
circuit
affirmed
bound
prior
decisions
appeals
held
defendant
failure
qualify
title
vii
deprives
district
subject
matter
jurisdiction
citing
dumas
mt
vernon
dismissal
want
jurisdiction
proper
appeals
ruled
record
warranted
conclusion
delivery
drivers
shareholder
wives
employees
title
vii
purposes
undisputed
employ
requisite
employees
without
inclusion
persons
granted
certiorari
resolve
conflicting
opinions
courts
appeals
question
whether
title
vii
requirement
jurisdictional
simply
element
plaintiff
claim
relief
compare
title
vii
requirement
jurisdictional
armbruster
quinn
da
silva
kinsho
international
title
vii
requirement
jurisdictional
nesbit
gears
unlimited
eeoc
francis
xavier
parochial
school
cadc
americans
disabilities
act
requirement
resembling
title
vii
requirement
jurisdictional
iii
jurisdiction
observed
word
many
many
meanings
steel
citizens
better
environment
internal
quotation
marks
omitted
less
courts
sometimes
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use
term
example
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robinson
recent
decisions
clarified
time
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emphatic
properly
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scarborough
principi
accord
eberhart
per
curiam
slip
kontrick
ginsburg
concurring
dispute
us
concerns
proper
classification
title
vii
statutory
limitation
covered
employers
employees
limitation
conditions
jurisdiction
lower
courts
held
conclusion
fewer
employees
require
erasure
judgment
arbaugh
entered
jury
verdict
lower
courts
jurisdiction
characterization
incorrect
issue
instead
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merits
arbaugh
case
raised
requirement
late
pretrial
stipulations
see
supra
failure
speak
issue
prior
conclusion
trial
merits
see
fed
rule
civ
proc
supra
preclude
vacation
judgment
arbaugh
favor
dichotomy
others
less
meticulous
subject
matter
jurisdiction
cases
sometimes
erroneously
conflated
plaintiff
need
ability
prove
defendant
bound
federal
law
asserted
predicate
relief
determination
moore
et
moore
federal
practice
ed
hereinafter
moore
judicial
opinions
second
circuit
incisively
observed
often
obscure
issue
stating
dismissing
lack
jurisdiction
threshold
fact
established
without
explicitly
considering
whether
dismissal
lack
subject
matter
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failure
state
claim
da
silva
described
unrefined
dispositions
jurisdictional
rulings
accorded
precedential
effect
question
whether
federal
authority
adjudicate
claim
suit
steel
cases
genre
include
hishon
king
spalding
eeoc
arabian
american
oil
hishon
involved
title
vii
claim
brought
lawyer
denied
partnership
law
firm
district
ruled
title
vii
apply
selection
partners
dismissed
case
lack
jurisdiction
appeals
affirmed
judgment
noted
district
reasoning
de
clear
dismissed
petitioner
complaint
ground
allegations
state
claim
cognizable
title
vii
disagreeing
lower
courts
held
title
vii
applies
partnership
decisions
holding
said
de
unnecessary
consider
wisdom
district
invocation
rule
opposed
rule
former
rule
concerns
jurisdiction
latter
failure
state
claim
upon
relief
granted
see
supra
opinion
hishon
thus
raised
decide
question
whether
jurisdiction
proper
rubric
district
arabian
american
oil
affirmed
judgment
courts
title
vii
composed
apply
suit
employee
working
abroad
judgment
placed
lack
jurisdiction
label
agreed
lower
courts
view
limited
geographical
reach
statute
en
passant
copied
petitioners
characterizations
terms
included
title
vii
definitions
section
jurisdictional
see
decision
turn
characterization
parties
cross
swords
see
steel
declining
follow
decision
treating
issue
jurisdictional
nothing
turned
upon
whether
issue
technically
jurisdictional
case
short
prompted
arabian
american
oil
home
whether
dismissal
properly
based
absence
jurisdiction
rather
plaintiff
failure
state
claim
basic
statutory
grants
jurisdiction
contained
section
provides
jurisdiction
iversity
citizenship
jurisdiction
plaintiff
properly
invokes
jurisdiction
pleads
colorable
claim
arising
constitution
laws
see
bell
hood
invokes
jurisdiction
presents
claim
parties
diverse
citizenship
exceeds
required
jurisdictional
amount
currently
see
arbaugh
invoked
jurisdiction
case
aris
es
federal
law
title
vii
specifies
prerequisite
application
existence
particular
fact
employees
resolve
question
whether
fact
jurisdictional
relates
merits
title
vii
claim
mindful
consequences
typing
threshold
determinant
jurisdiction
rather
element
arbaugh
claim
relief
first
jurisdiction
involves
power
hear
case
never
forfeited
waived
cotton
moreover
courts
including
independent
obligation
determine
whether
jurisdiction
exists
even
absence
challenge
party
ruhrgas
ag
marathon
oil
nothing
text
title
vii
indicates
congress
intended
courts
motion
assure
requirement
met
second
instances
jurisdiction
turns
contested
facts
trial
judge
may
authorized
review
evidence
resolve
dispute
see
wright
miller
federal
practice
procedure
pp
ed
moore
pp
satisfaction
essential
element
claim
relief
issue
however
jury
proper
trier
contested
facts
reeves
sanderson
plumbing
products
third
federal
concludes
lacks
jurisdiction
must
dismiss
complaint
entirety
see
moore
pp
thus
instant
case
trial
dismissed
along
title
vii
claim
pendent
claims
see
supra
fully
tried
jury
determined
merits
see
app
pet
cert
contrast
grants
motion
dismiss
failure
state
federal
claim
generally
retains
discretion
exercise
supplemental
jurisdiction
pursuant
pendent
claims
see
moore
pp
course
congress
make
requirement
jurisdictional
made
threshold
ingredient
jurisdiction
delineating
jurisdiction
neither
title
vii
jurisdictional
provision
authorizing
jurisdiction
actions
brought
title
vii
specifies
threshold
ingredient
akin
monetary
floor
instead
threshold
appears
separate
provision
speak
jurisdictional
terms
refer
way
jurisdiction
district
courts
zipes
trans
world
airlines
given
unfair
ness
waste
judicial
resources
app
pet
cert
entailed
tying
requirement
jurisdiction
think
sounder
course
refrain
constricting
title
vii
jurisdictional
provision
leave
ball
congress
legislature
clearly
threshold
limitation
statute
scope
shall
count
courts
litigants
duly
instructed
left
wrestle
issue
see
da
silva
whether
disputed
matter
concerns
jurisdiction
merits
occasionally
sometimes
close
congress
rank
statutory
limitation
coverage
jurisdictional
courts
treat
restriction
nonjurisdictional
character
applying
readily
administrable
bright
line
case
hold
threshold
number
employees
application
title
vii
element
plaintiff
claim
relief
jurisdictional
issue
reasons
stated
judgment
appeals
reversed
case
remanded
proceedings
consistent
opinion
ordered
justice
alito
took
part
consideration
decision
case
footnotes
provision
term
employer
include
corporations
wholly
owned
indian
tribes
certain
departments
agencies
district
columbia
bona
fide
private
membership
club
labor
organizations
congress
originally
prescribed
threshold
civil
rights
act
stat
lowered
minimum
number
employees
equal
employment
opportunity
act
stat
terms
defined
person
employment
agency
labor
organization
employee
commerce
industry
affecting
commerce
state
religion
sex
complaining
party
demonstrates
respondent
title
vii
contains
separate
jurisdictional
provision
authorizing
suits
government
enjoin
pattern
practice
discrimination
section
except
provided
subsections
expressly
provided
otherwise
federal
statute
civil
action
district
courts
original
jurisdiction
district
courts
shall
supplemental
jurisdiction
claims
related
claims
action
within
original
jurisdiction
form
part
case
controversy
article
iii
constitution
supplemental
jurisdiction
shall
include
claims
involve
joinder
intervention
additional
parties
see
pennsylvania
state
police
suders
constructive
discharge
compensable
title
vii
includes
employee
departure
due
sexual
harassment
renders
working
conditions
intolerable
reasonable
person
felt
compelled
resign
features
walters
metropolitan
ed
enterprises
supportive
jurisdictional
character
requirement
brief
respondent
urges
must
considered
requirement
jurisdictional
walters
held
definitively
correct
legal
standard
defendant
employees
requirement
seen
merits
issue
contends
remanded
employee
count
determination
trier
fact
parties
walters
apparently
stipulated
relevant
facts
leaving
nothing
fact
trier
resolve
remand
cf
congress
subsequently
amended
title
vii
extend
protection
citizens
working
overseas
see
civil
rights
act
stat
codified
respect
employment
foreign
country
term
employee
includes
individual
citizen
eeoc
commercial
office
products
also
featured
see
brief
respondent
plurality
noted
eactivation
state
proceedings
conclusion
federal
proceedings
serves
useful
function
part
title
vii
give
eeoc
jurisdiction
enforce
act
employers
fewer
employees
fleeting
addressed
relative
administrative
provinces
eeoc
state
agencies
speak
jurisdiction
issue
case
claim
invoking
jurisdiction
bell
held
may
dismissed
want
jurisdiction
colorable
immaterial
made
solely
purpose
obtaining
jurisdiction
wholly
insubstantial
frivolous
arbaugh
case
surely
belong
category
congress
exercised
prerogative
restrict
jurisdiction
federal
district
courts
based
wide
variety
factors
also
relevant
merits
case
certain
statutes
confer
jurisdiction
actions
brought
specific
plaintiffs
agencies
officers
amtrak
claims
particular
defendants
persons
subject
orders
egg
board
national
banking
associations
actions
amount
controversy
exceeds
falls
stated
amount
provisions
describe
particular
types
claims
see
civil
action
arising
act
congress
relating
postal
service
civil
action
commenced
tenant
common
joint
tenant
partition
lands
one
tenants
common
joint
tenants
instances
congress
enacted
separate
provision
expressly
restricts
application
statute
see
weinberger
salfi
bars
jurisdiction
suits
recover
social
security
benefits