A long-time outlier on the issue, the Fifth Circuit recently cast aside its “ultimate employment decision” standard for analyzing discrimination claims related to Title VII. In a new Employee Relations Law Journal article, Akerman Labor and Employment Associate Paige Newman breaks down what the decision means for employers and the likelihood of a Supreme Court review.  

"In the meantime, while the exact standards articulated from circuit to circuit may vary, employers across the country should ensure that all policies affecting the terms, conditions, and privileges of employment – and not only those related to ultimate employment decisions such as

hiring or termination – are implemented in a non-discriminatory manner to avoid potential liability under Title VII," Newman writes.

You can read the complete article here.