Holding a gender-based scheduling policy giving only male detention service officers full weekends off was not unlawful discrimination under Title VII of the Civil Rights Act, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has invited the full circuit court to revisit its standard for proving workplace discrimination. Hamilton et al. v. Dallas County, No. 21-10133 (5th Cir. Aug. 3, 2022).
The panel said it was “bound by this circuit’s precedent” to dismiss the case. However, it reasoned, the scheduling policy “[s]urely … constitutes discrimination with respect to the terms or conditions of [the female officers’] employment,” even though it was not an “ultimate employment decision.” Therefore, the panel deemed the case the “ideal vehicle” for rehearing by the full Fifth Circuit to revisit its long-standing Title VII precedent.
The Fifth Circuit has jurisdiction over Louisiana, Mississippi, and Texas.
As one of its fundamental precepts, Title VII prohibits disparate treatment of employees by statutorily defined employers, based upon certain employee protected traits. Section 703(a)(1) of Title VII makes it unlawful for an employer:
to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to [their] compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin;
42 U.S.C. § 2000e-2(a)(1) (emphasis...
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