I previously wrote about the first decision in Hamilton v. Dallas County here. That decision held that forcing female detention officers to work on weekends was not discrimination based on sex. The Fifth Circuit panel noted rightly that prior caselaw required an “ultimate employment action” to constitute discrimination. Prior caselaw defined ultimate employment action as
What happens when an employee is subjected to harsh treatment, but that harsh treatment does not include termination, demotion or loss of pay? In Welsh v. Fort Bend ISD, 941 F.3d 818 (5th Cir. 2019), the court addressed what is an adverse personnel action. Ms. Welsh was a teacher at Fort Bend ISD. Ms.
Many discrimination cases are focused on whether the employer’s supposed reasons for termination are sincere. Few employers explain that they have fired so-and-so because of the employee’s race, color or whatever. So, very often, cases are all about whether the employer’s articulated reasons for a firing or demotion are sincere. And, caselaw or precedent holds