Reversing decades of precedent that limited the scope of Title VII of the Civil Rights Act, on Aug. 18, 2023, the Fifth Circuit en banc ruled in Hamilton v. Dallas County that “a plaintiff plausibly alleges a disparate-treatment claim under Title VII if she pleads discrimination in hiring, firing, compensation, or the ‘terms, conditions, or privileges’ of her employment.” Accordingly, plaintiffs no longer need to show an “ultimate employment decision” to assert a viable claim under Title VII because the Fifth Circuit held that the phrase “ultimate employment decision” does not appear in the statute.

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