Fifth Circuit Expands Scope of Liability for Title VII Discrimination Claims

Upending nearly 30 years of precedent, the U.S. Court of Appeals for the Fifth Circuit recently issued a ruling that makes it easier for employees to challenge perceived workplace discrimination going forward.

Under Title VII, it is an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise discriminate against any individual with respect to his compensation, terms, conditions or privileges of employment, because of such individual’s race, color, religion, sex or national origin. In an unbroken series of cases since 1995, the Fifth Circuit has limited employer liability under this statutory provision to “ultimate employment decisions” — in other words, employment decisions such as “hiring, granting leave, discharging, promoting, or demoting.”