2005 Supreme Court term

JENIFER ARBAUGH v. Y & H CORPORATION, DBA THE MOONLIGHT CAFE.

Dockets 04-944Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

According to Jeffrey A. Schwartz, the case concerns whether federal courts have subject‑matter jurisdiction over Title VII claims against employers with fewer than 15 employees.

Background and question before the Court

According to Jeffrey A. Schwartz, a Federal court has subject matter jurisdiction over a claim brought under Title VII regardless of whether an employer has 15 employees.

According to Justice Ginsburg, is the Title VII jurisdictional provision merely redundant with 28 U.S.C. §1331, adding nothing new?

What each side argues

Petitioner Position

According to Jeffrey A. Schwartz, a Federal court has subject matter jurisdiction over a claim brought under Title VII regardless of whether an employer has 15 employees.

Respondent Position

Source-limited. The record does not yet support a complete account.

What happened at oral argument

JUSTICE GINSBURG: So you say -- so now it's essentially redundant. Now that 1331 has no jurisdictional amount, no amount in controversy, the jurisdictional provision in title VII is just going over the same territory. It doesn't add or detract. Is that so?

According to Chief Justice Roberts, cHIEF JUSTICE ROBERTS: I'm sorry. What have juries been determining?

According to Chief Justice Roberts, cHIEF JUSTICE ROBERTS: What other aspects of title VII do you think are jurisdictional?

According to Justice O'Connor, jUSTICE O'CONNOR: But the practical consequences of affirming here are severe in terms of handling these cases.

According to Justice Ginsburg, jUSTICE GINSBURG: May I go back to Zipes?

According to Chief Justice Roberts, cHIEF JUSTICE ROBERTS: Does it make a difference on the -- the -- does the categorization make a difference on the relevant time of the inquiry for the 15 employees?

According to Justice Scalia, jUSTICE SCALIA: Do you think -- do you think it's possible that -- that Indian tribes could be jurisdictional but an employer couldn't?

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

Source-limited The available primary sources do not support a complete explanation yet.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • c8471efde131427da95d-r1-9385a9469a582af5.pdforal argument transcript

Guide generated September 21, 2026. Automated validation accepted this version.