Educated Employer - From Thompson & Horton

The Not-Quite Digital Age: In-Person Attendance Remains an Essential Job Function

Kaitlyn Porter,

July 16, 2026

There’s no denying that the technological age is advancing at a rapid pace. We can buy groceries without entering the store, watch movies without entering the theater, and take our pick from thousands of books without ever entering the library. And the COVID-19 pandemic revealed that employees can perform their jobs without ever entering the workplace, right? Well, not quite. The Fort Worth Court of Appeals’ and Fifth Circuit’s recent opinions reveal that the digital age isn’t progressing as rapidly as one might think—at least, not when it comes to one’s essential job functions.

Thompson & Horton Partners with the Texas Association of School Personnel Administrators for Four Part Webinar Series

September 18, 2024

in: Training

We are proud to announce an exciting partnership between Thompson & Horton and the Texas Association of School Personnel Administrators (TASPA). This partnership will kick off with an insightful four-part webinar series for the 2024-2025 school year!

Designed specifically for Texas public school HR administrators and staff, this series will address key challenges, best practices, and essential legal updates you need to navigate the upcoming year successfully.

Join Thompson & Horton at the TASPA Summer Conference: Essential Legal Insights for Texas School HR Administrators

July 10, 2024

in: Uncategorized

We are excited to announce that Thompson & Horton will have a strong presence at the upcoming Texas Association of School Personnel Administrators (TASPA) Summer Conference in Fort Worth, Texas, from July 17-19, 2024. Five of our attorneys will be presenting sessions, sharing their expertise with Texas public school human resources professionals on important topics in school personnel administration.

Read about sessions our attorneys will be leading.

Employers, Take Note: Transferring an Employee to Another Position with the Same Rank and Pay May Now Get You Sued Under Title VII

Stephanie Hamm, Adam Rothey, Alexa Gould,

April 22, 2024

in: Court Decisions

The range of employment decisions subject to Title VII scrutiny continues to grow. As discussed in previous posts, the Fifth Circuit recently overturned its prior precedent limiting Title VII discrimination claims to “ultimate employment decisions,” finding that Title VII’s protections extend to any adverse employment action that materially impacts the “terms, conditions, and privileges” of employment. Now, the United States Supreme Court has lowered the bar even further for Title VII plaintiffs complaining about discriminatory job transfers.

UPDATE: EEOC Releases Final Rules for Accommodating Pregnancy or Related Conditions

Amber King,

April 18, 2024

in: New Rules

This week, the Equal Employment Opportunity Commission (“EEOC”) issued its final rules and accompanying interpretive guidance for implementation of the Pregnant Workers Fairness Act (“PWFA”). The PWFA, a new federal law that became effective in June 2023, requires most employers with 15 or more employees to provide reasonable accommodations to a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship. While the PWFA builds upon existing protections against pregnancy discrimination under Title VII and the Americans with Disabilities Act, it fills in identified gaps in the legal protections for employees.

“Terms, Conditions, or Privileges”: Fifth Circuit Applies New Hamilton Standard to Find Potential Discrimination in School District’s Failure to Pay for Superintendent Leadership Academy

Adam Rothey,

March 21, 2024

in: Court Decisions, Discrimination, Litigation

As mentioned in our prior post about the Fifth Circuit’s August 2023 opinion in Hamilton v. Dallas County, employees no longer must allege discrimination in an “ultimate employment decision” to state a claim under Title VII. Instead, Hamilton established a new standard more closely tied to the statutory language of Title VII that allows employees to state a viable Title VII discrimination claim based on allegations that they faced discrimination in any “adverse employment decision.” Under Title VII, actionable “adverse employment decisions” include discrimination in hiring, firing, compensation, or in the “terms, conditions, or privileges” of employment.

In light of the new Hamilton standard, questions arose as to what kinds of adverse employment decisions would give rise to actionable Title VII claims. In its post-Hamilton case of Harrison v. Brookhaven School District, 82 F.4th 427, the Fifth Circuit provided some guidance as to what constitutes an actionable “term, condition, or privilege” of employment.

The Educated Employer