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Arbaugh v. Y & H Corp.
''Arbaugh v. Y & H Corp.'', , is a United States Supreme Court decision involving Title VII of the Civil Rights Act of 1964, which provides a private cause of action to victims of employment discrimination.〔Title VII of the Civil Rights Act of 1964 can be found in the United States Code at et seq.〕 The Court ruled that Title VII's "employee-numerosity requirement," which limits potential defendants to those maintaining at least fifteen employees, is not a limit on a court's jurisdiction to hear Title VII claims. The requirement is instead a substantive element of a Title VII claim, which means that a defendant must raise the issue prior to verdict or the requirement will be waived.
== Background ==
Jenifer Arbaugh was employed as a bartender and waitress at the Moonlight Cafe, a New Orleans restaurant, from May 2000 until February 2001. During this time, she alleged that she was continually sexually harassed by one of the restaurant's owners.
On November 8, 2001, Arbaugh filed suit in the United States District Court for the Eastern District of Louisiana, asserting claims against Y & H Corporation (the operator of the Moonlight Cafe) and the owner she alleged harassed her. Her complaint alleged sexual harassment in violation of Title VII, in addition to various tort claims under Louisiana state law. Arbaugh's complaint asserted that her Title VII claim invoked the court's federal question jurisdiction to hear her case.〔.〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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