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Before an employee may file a suit against an employer for discrimination, the employee must file a charge with the EEOC "within 300 days after the unlawful employment practice occurred." This case, brought under Title VII of the Civil Rights Act, involved whether the 300-day period begins when the employer announced the results of a discriminatory hiring test, or whether it begins again each time the employer makes a hiring decision based on the results of the test. On 5/24/10, the Court ruled unanimously that the employment practice that allegedly was discriminatory was the selection of firefighter hires on the basis of an old test. Thus, each new decision based on old test results constitutes a new employment practice that starts the 300-day time limit for filing suit.

This outcome could substantially lengthen the time during which employers are exposed to liability from tests or other employment practices that are nondiscriminatory of their face but that may have a discriminatory impact.