The U.S. Supreme Court issued a decision in May 2010 holding that the city of Chicago is liable under Title VII for the adoption of a testing process that had a disparate impact on African Americans applying for firefighter positions and also for the application of that process when it selected applicants from the list generated by that flawed test some years later. The Court decided that during the entire life of an eligibility list and one year after the list’s expiration, any candidate may sue for discrimination if each hire causes or exacerbates adverse impact. In the past, this was not the case because, when an eligibility list was initially published, it was reviewed at that time for adverse impact and potential adverse impact. Now, plaintiffs can evaluate the list after its expiration to determine how it might have ultimately impacted those who might claim discrimination.