News & Analysis as of

Title VII En Banc Review Employment Discrimination

Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII... more +
Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions.  less -
Littler

Denial of Gender-Affirming Care Does Not Qualify as Sex Discrimination, Eleventh Circuit Holds

Littler on

On September 9, 2025, in Anna Lange v. Houston County, Georgia, et. al., the U.S. Court of Appeals for the Eleventh Circuit held that the denial of coverage for gender-affirming surgery was not discriminatory. This decision...more

Rumberger | Kirk

Fifth Circuit Opens the Door for Growing Discrimination Claims

Rumberger | Kirk on

A federal appeals court has made it easier for plaintiffs to bring employment discrimination lawsuits, but failed to offer clear guidance on how employers can adjust policies to minimize litigation risk. The en banc...more

Bracewell LLP

Fifth Circuit Expands Title VII Exposure for Employers

Bracewell LLP on

On August 18, 2023, in Hamilton v. Dallas County, the US Court of Appeals for the Fifth Circuit, sitting en banc, expanded the circumstances under which an employer can be held liable for disparate treatment under Title VII...more

Parker Poe Adams & Bernstein LLP

Federal Appeals Court Overturns Decades-Old Precedent on Workplace Discrimination Claims

For decades, courts in the Fifth Circuit have followed a particularly strict rule limiting when employees can sue under Title VII for workplace discrimination. That changed last Friday....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Upends ‘Ultimate Employment Decision’ Requirement for Title VII Discrimination Claims

On August 18, 2023, in Hamilton v. Dallas County, the full Fifth Circuit Court of Appeals upended a longstanding precedent, significantly broadening the types of adverse employment actions that could give rise to an...more

Steptoe & Johnson PLLC

Employers Within the Fifth Circuit Are Now Open to More Claims Under Title VII with the Abandonment of the Previous Title VII...

Steptoe & Johnson PLLC on

The Fifth Circuit no longer limits Title VII claims to “ultimate employment decisions” per the en banc decision in Hamilton v. Dallas County. In Hamilton, a group of female officers alleged that the Dallas County...more

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