On Friday, August 18, the Fifth Circuit Court of Appeals issued the decision of Hamilton v. Dallas County, which overturned thirty years of Fifth Circuit precedent that limited disparate treatment lawsuits under Title VII to those litigants who suffered an “ultimate employment decision,” such as hiring, granting leave, discharging, promoting, or granting compensation.
The Hamilton case dealt with a Dallas County policy, which allowed only male detention center officers to have full weekends off based upon the rationale that it would be unsafe for all the male detention officers to be off during the week, and it was safer for men detention officers to be off during the weekend. This rationale led to the result that female detention officers were not allowed weekends off.
With this background, the Fifth Circuit, in reversing precedent, held that to establish a cause of action under Title VII, a plaintiff “need only allege facts plausibly showing discrimination in hiring, firing, compensation, or in the ‘terms, conditions, or privileges’ of his or her employment.” The Court, however, failed to identify any particular minimum standard for Title VII liability based upon the “terms, conditions, or privileges” of employment. The Court outlined that the minimum standard (whether it would be a “material” job action or more than “de minimus” action) would need to be set through future litigation, as they were leaving that question for “another day.”
Along with the Title VII claim,...
KATIE Price’s husband Lee Andrews was active on Instagram AGAIN after false claims that he was arrested. On Saturday, Katie, 48, was forced todeny claims by Lee’s dad that he had been arrested in ...