The Fifth Circuit Court of Appeals has heard oral arguments in Hamilton v. Dallas County, which has challenged a decades-old court rule that makes it more difficult for workers and job applicants to bring Title VII discrimination cases.
Case background and legal implications
The case stems from a group of female detention officers, who are challenging the Dallas County Sheriff’s Office’s scheduling policy. The office has a scheduling policy which only allows male officers to take off full weekends.
The Fifth Circuit originally set out an “ultimate employment decision” standard in 1995. This standard mandated that plaintiffs cannot move ahead with employment discrimination claims, unless they face specific penalties related to compensation, hiring, firing, leave or promotions. It’s a far higher bar than other circuit courts, and makes it difficult to move bias claims past initial stages: if the employees face other discriminatory actions such as scheduling, transfers, shift changes or performance reviews, their claim cannot proceed.
If the Fifth Circuit rules in favor of watering the law down, it will bring that circuit in line with the rest and “open the floodgates” for discrimination cases in Louisiana, Mississippi and Texas. Employment lawyers point out that this will create more legal risk for employers in those states.
Despite the risk to employers, others feel that the ultimate employment decision rule is arbitrary and unfair. Allowing plaintiffs the same employment litigation rights as other circuits will provide more pathways to justice and protect worker rights.
If you’re ready to blow the whistle on employer discrimination, an experienced whistleblower attorney at Kardell Law Group can help. Call today for a consultation.
