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Da Silva v. Kinsho Int'l Corp.

Requirement for Title VII coverage that employer have at least fifteen employees is not jurisdictional issue, but rather goes to merits of plaintiff's claim, at least where plaintiff makes non-frivolous assertion that defendant is covered employer.

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The full case caption appears at the end of this opinion. JON O. NEWMAN, Circuit Judge.

The issue on this appeal is whether the requirement for Title VII coverage that an employer have at least fifteen employees is an ingredient of subject matterjurisdiction or the merits of the plaintiff’s claim. The issue has significance in this case because its resolution determines whether the District Court was entitled toexercise supplemental jurisdiction over the Plaintiff’s pendent state law claims, on which the Defendant prevailed after a jury trial. Plaintiff-Appellant Celia Da Silvaappeals from the January 10, 2000, judgment of the United States District Court for the Southern District of New York (Richard M. Berman, Judge), in favor ofDefendant-Appellee Kinsho International Corp. (“Kinsho”). We conclude that the fifteen-employee requirement is not jurisdictional, and we therefore affirm.

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