, overturned nearly 30 years of precedent and held that Title VII disparate treatment plaintiffs need only show that they suffered an adverse employment action because of a protected characteristic with respect to any term, condition, or privilege of employment — regardless of whether the adverse employment action also reaches an ultimate employment decision (e.g., hiring, firing, promotion, or change in compensation).
This holding brings the Fifth Circuit into line with other federal appeals courts and with the U.S. Supreme Court, which have already adopted this broader standard for disparate treatment claims under Title VII.
Background
The Dallas County Sheriff’s Department provides two days off per week to its detention officers. In 2019, Dallas County implemented a sex-based scheduling policy. Under that policy, only male officers were eligible for full weekends off, while female officers were not. Rather, they were limited to two weekdays off or to one weekday plus one weekend day off work. Male and female officers performed the same tasks, and both groups preferred to have weekends off. The only rationale offered by Dallas County for the facially discriminatory policy is that it was safer for male officers to be off on weekends rather than on weekdays, despite the inmate numbers being consistent through the week.
A group of female officers filed a lawsuit against Dallas County, alleging sex discrimination claims under Title VII and the Texas Employment...
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