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5th Circuit Re-Examines Ultimate Employment Decision Rule

February 15, 2023

Via: SHRM

A federal appeals court is reviewing a case that could change what constitutes an adverse employment action in workplace discrimination cases. Nine female detention officers at the Dallas County, Texas, jail brought a gender discrimination lawsuit because the county gave only male officers full weekends off. The female officers were required to work at least one day each weekend.

The 5th U.S. Circuit Court of Appeals granted the women’s petition for en banc review by all the judges on the court. Oral arguments were held Jan. 24, but the 5th Circuit hasn’t released its en banc decision yet.

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