On August 18, 2023, the U.S. Court of Appeals for the Fifth Circuit expanded the types of employment actions that may constitute “adverse employment action” under Title VII in Hamilton v. Dallas Cnty., 5th Cir. en banc. No. 21-10133, 8/18/23. Overruling its nearly 30-year precedent that actionable employment actions under Title VII must relate to “ultimate employment decisions,” the Fifth Circuit held that a plaintiff need only show that they were discriminated against with respect to hiring, firing, compensation, or the terms, conditions, or privileges of employment, even if such actions were not ultimate employment actions.
In Hamilton, nine female correctional officers sued the Dallas County Sheriff’s Department asserting that they were subjected to disparate treatment due to the County’s sex-based scheduling policy under which only male officers were given full weekends off. The County moved to dismiss, staking its argument on precedent from Dollis v. Rubin, in which the Fifth Circuit specified that an adverse employment action for Title VII discrimination must consist of “ultimate employment decisions,” such as hiring, granting leave, discharging, promoting, and compensating. The County argued that the Plaintiffs failed to show they suffered an adverse employment action because the County’s work scheduling policy did not affect the job duties, compensation, or benefits of the Plaintiffs. In granting the Court’s motion to dismiss, the U.S. District Court for the...
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