Fifth Circuit Continues to Hold to Harsh Discrimination Standard

One might think that after the Supreme Court rejected the Fifth Circuit's highly restrictive "ultimate employment action" standard for Title VII retaliation claims, the Circuit might take the hint with regard to substantive discrimination claims.

On might think that.

And one would be wrong.

This month in McCoy vs. City of Shreveport, No. 06-30453 (5th Cir. July 11, 2007) the court through out the Title VII discrimination claim of an African-American female police officer because no "ultimate employment action" had been taken against her. The court held that being placed on paid leave pending termination (and having to return her badge and gun) was not "materially adverse."In my opinion this standard is much too restrictive to be usable. Obviously the Supreme Court agrees and they have already spelled out their view on the appropriate standard. Perhaps the Supreme Court will take this opportunity to explain things to them again.