Pro-Worker Title VII Test to Shake Up Fifth Circuit Bias Cases

Workers will have an easier path to pursue bias allegations following a federal appeals court’s recent expansion of employment actions that can form the basis for a lawsuit.

The full US Court of Appeals for the Fifth Circuit last week wiped out a 27-year-old precedent blocking litigants from moving forward with employment discrimination suits unless they’ve faced a specific type of “ultimate employment decision” related to hiring, firing, leave, promotions, or compensation.

This decision from an appeals court that has long had the most restrictive view of an adverse employment action under Title VII of the 1964 Civil Rights Act ...