Court Broadens Meaning of Adverse Employment Action - SHRM
A new ruling from the 5th U.S. Circuit Court of Appeals will make it easier for employees to file discrimination lawsuits based on scheduling and other employment-related decisions.
On Aug. 18, the court confirmed that federal anti-discrimination laws can apply to scheduling and other decisions that aren't ultimate employment actions.
Under Title VII of the Civil Rights Act of 1964, employers are prohibited from discriminating against any individual with respect to their compensation, terms, conditions or privileges of employment because of their race, color, religion, sex or national origin. Before this ruling, workers alleging discrimination had to show they suffered as a result of an ultimate employment decision, such as refusal to hire, termination, suspension or demotion with reduced pay.
But under the new ruling, a claim can be based on any decision affecting terms, conditions or privileges of employment, said Tiffany Cox Stacy, an attorney with Ogletree Deakins in San Antonio.
For example, the new ruling could apply to decisions around remote work, lunch breaks, office selection and worksite location, according to Will Manuel, an attorney with Bradley in Jackson, Miss. "It may have opened a Pandora's box of where we go from here," he said.
"I think every practitioner under the sun is amazed at this result—a most surprising left turn for this court," said Jeff Englander, an attorney with Morrison Cohen in New York City.
To bring a discrimination claim involving an...
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