August 21, 2023
A recent ruling expanding Title VII's scope will create an uptick in bias claims within the Fifth Circuit, but management-side attorneys are awaiting the outcome of a pending U.S. Supreme Court case that could set a nationwide standard for how the anti-discrimination statute is applied.
August 18, 2023
The en banc Fifth Circuit on Aug. 18 unwound decades-old precedent that limited the scope of Title VII of the Civil Rights Act to "ultimate employment decisions," saying the law allows for a broader range of employer actions to serve as the basis for discrimination claims.
January 24, 2023
Several Fifth Circuit judges on an en banc panel seemed inclined Tuesday to slacken a decades-old, employer-friendly precedent that screens out many workers' Title VII discrimination claims, though the court appeared hesitant to replace it with something too lenient.
January 03, 2023
The full Fifth Circuit will consider easing an employer-friendly rule governing bias claims and the Second Circuit will scrutinize nearly $160,000 in sanctions handed down against a nurse and her lawyer for fabricating evidence in a harassment case. Here, Law360 looks at five sets of oral arguments slated for this month that discrimination lawyers should have on their radar.
January 02, 2023
The U.S. Supreme Court will hand down decisions in closely watched cases on affirmative action in higher education and companies' ability to deny services to LGBTQ customers, plus trial is finally set to begin in a long-running sex bias class action against Goldman Sachs. Here, Law360 examines the battles that discrimination attorneys should have on their radar in the new year.
November 22, 2022
The U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice on Tuesday told the Fifth Circuit it should abandon its rule holding that workers must establish an adverse employment action to support discrimination claims against their employer, arguing the precedent is disconnected from federal law.
November 21, 2022
A think tank focused on progressive interpretations of the U.S. Constitution called on the Fifth Circuit on Monday to scrap precedent holding that workers must establish an adverse employment action in order to sustain discrimination claims against their employers.
November 15, 2022
A group of female Dallas County detention officers urged the full Fifth Circuit to overturn decades-old precedent that narrows the path for bringing Title VII discrimination lawsuits, arguing that the rule is at odds with the law's text and purpose.
October 13, 2022
The full Fifth Circuit agreed to review a challenge to a Texas county's policy allowing only male detention center officers to have full weekends off, granting a rehearing bid from female officers in a case that could make it easier to bring Title VII discrimination lawsuits.
September 16, 2022
Dallas County urged the full Fifth Circuit not to review a suit challenging a policy that allows only male detention center officers to have full weekends off, warning that reversing decades-old precedent would expose courts to an influx of discrimination cases over "trivialities."