5th Circuit overturns decades-old precedent on employment discrimination lawsuits

The U.S. Court of Appeals for the 5th Circuit (which covers Louisiana, Mississippi, and Texas) recently issued a landmark decision overturning its precedent of nearly 30 years that required an employee claiming discrimination to establish an “ultimate employment decision.” In doing so, the court greatly expanded the scope of potential employment discrimination claims, which were previously limited to those based on hiring, firing, promoting, demoting, compensating, and other discrete employment actions. The ruling has immediate and long-term implications for employers within the court’s jurisdiction.