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The U.S. Court of Appeals for the Fifth Circuit recently announced that Title VII plaintiffs are no longer required to plead an “ultimate employment decision” to properly allege a disparate treatment claim. Applying a strict interpretation of the statutory language, the Fifth Circuit made clear that a Title VII plaintiff can survive a motion to dismiss by pleading adverse actions with respect to “terms, conditions, or privileges of employment.” This decision is a departure from decades-old precedent within the Fifth Circuit requiring a plaintiff to allege disparate treatment with respect to an “ultimate employment decision,” such as hiring, firing, promotions, grants of leave, or compensation.
