In 1995, Lewis and other African Americans took a written test to be Chicago firefighters. Chicago then announced that it would randomly draw candidates for the positions from a list of “well-qualified” applicants who scored at least 89 out of 100 points on the test. Those scoring 65–88 were deemed “qualified” and were notified they would be on the eligibility list but it was unlikely they would be selected. They repeated the process numerous times. In 1997, several African Americans who were qualified but not chosen filed suit alleging that Chicago’s practice had a disproportionate adverse impact on them in violation of Title VII. 

The city sought to block the suit, alleging the claimants did not meet the 300-day limitation period after the policy was adopted. After holding that the city’s ongoing reliance on the 1995 test constituted a continuing violation, the trial court found that Chicago should hire 132 randomly selected members of the class and award back pay to the remaining class members. The court of appeals found the suit to be untimely and reversed the lower court. Was there a series of discriminatory acts that would allow the suit to proceed? Explain.