Fifth Circuit Rules Discrimination Suit Cannot Be Dismissed
// Dallas, Texas, United States // Attorney Keith Clouse (Blog) // Keith Clouse
The Fifth Circuit Court of Appeals recently ruled that a racial discrimination lawsuit could not be dismissed. Thompson v. City of Waco, No. 13-50718 (5th Cir. Sept. 3, 2014), available at http://www.ca5.uscourts.gov/opinions%5Cpub%5C13/13-50718-CV0.pdf.
The plaintiff, an African American police detective, alleged that his employer discriminated against him by placing restrictions on his work that stripped him of the integral responsibilities of a detective and thus constituted a demotion. The trial court dismissed the lawsuit.
On appeal, the court noted that a plaintiff complaining of discrimination must show that his employer subjected him to an “adverse employment action” that affected the terms and conditions of employment. Adverse employment actions typically consist of ultimate employment decisions, such as hiring, firing, demoting, and compensating. While the loss of some job responsibilities cannot be considered an adverse employment action, here the employee alleged that his employer restricted his job description to such an extent that he no longer occupied the position of a detective and functioned as an assistant to other detectives. Because of this, the court determined that the plaintiff stated a plausible claim that he was subject to the equivalent of a demotion.
This article is presented by the Dallas employment attorneys at Clouse Dunn LLP. To speak to an employment lawyer about workplace discrimination, send an email to debra@clousedunn.com or call (214) 239-2705.
Contact Keith Clouse
KEITH A. CLOUSE
Clouse Dunn LLP
214.220.2722 214.220.3833 ( fax) keith@clousedunn.com
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