In a significant ruling, the Fifth Circuit Court of Appeals has reversed a longstanding Title VII discrimination standard, broadening the scope of employee claims in Texas. The decision, which came on August 18, 2023, aligns the Fifth Circuit with other U.S. circuit courts and Supreme Court rulings. Previously, the court had applied the "ultimate employment decision" standard to Title VII disparate treatment discrimination claims, limiting the types of discrimination that could be considered. However, this ruling makes it harder for employers in Texas to have discrimination cases dismissed at an early stage.
The case that led to this decision, Hamilton v. Dallas County, involved a group of female detention service officers who sued Dallas County over a change in the leave policy. The new policy allowed male officers to take a full weekend off, while female officers were only permitted one day off. Initially, lower courts dismissed the case, arguing that the policy did not affect an "ultimate employment decision" like hiring or promotion. However, the Fifth Circuit Court panel recognized that the policy fell under Title VII's prohibition against discrimination concerning "terms, conditions, or privileges" of employment.
According to the Randle Law Office, this decision implies that employees can now bring claims that may have been prevented by the previous, more stringent standard set by the Fifth Circuit. However, it's important to note that the court's opinion did not separately analyze a gender discrimination claim under the Texas Commission on Human Rights Act. This means that the "ultimate employment decision" standard may still apply in cases brought under state law.
In conclusion, the Hamilton decision has significant implications for employees in Texas, as it allows them to bring claims that may have been dismissed under the previous standard. Employers will now face greater challenges in having disparate treatment discrimination cases dismissed early on. However, the full extent of the ruling's impact on cases brought under state law is yet to be seen.