Fifth Circuit Upends Three-Decade Title VII Precedent
In August, the United States Fifth Circuit Court of Appeals issued a far-reaching Title VII ruling affecting future employment discrimination cases in Louisiana, Mississippi, and Texas. The decision in Hamilton v. Dallas overturned a precedent that limited actionable Title VII cases to those involving “ultimate employment decisions” (those related to hiring, firing, leave, or pay).
In the case, five female correctional officers sued their employer under Title VII, alleging that male and female shift schedules based on seniority were altered to a policy that only allowed male employees to have full weekends off. Female employees were limited to weekdays or partial weekends off.
Highlights of the decision
The Court held that:
Limiting unequal treatment claims to those involving ultimate employment decisions ignores the terms, conditions, or privileges of the employment language in the Title VII anti-discrimination provision.
Days and hours an employee works are inherent in the “terms and conditions” of employment.
Title VII coverage is not limited to economic or “tangible” discrimination.
The majority opinion notably did not define minimum standards for Title VII liability while acknowledging that Title VII does not allow liability claims for “workplace trifles.”
Implications for employers
The decision paves the way for aggrieved employees to make discrimination claims more easily. As the opinion noted, female employees in this case experienced discrimination because of a protected characteristic under Title VII. Employers based in the Fifth Circuit may see such claims proceeding deeper into the litigation process without the ultimate employment decision limitation. That does not mean, however, that plaintiffs will win more often. They still must prove the case.
Employment attorneys are closely monitoring developments in this and other cases that affect employers in the United States. If you have questions about this decision or related matters, we are happy to help.