Fifth Circuit Holds Employers May Not Automatically Circumvent Federal Anti-Discrimination Protections by ‘Fractioning’ an Employee’s Job

The Fifth Circuit recently explained that “fractioning” an employee’s job constitutes the redistribution of one employee’s job duties to other employees.

When done after terminating a person whose job duties are subsequently reassigned to others already in the workforce, employers may think they have not technically replaced the employee whose duties were reassigned. The Fifth Circuit held employers cannot fraction an employee’s job and automatically circumvent federal anti-discrimination protections.

Federal laws such as the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and Title VII prohibit employers from terminating an employee on the basis of a protected characteristic, i.e., age, disability, sex, race, etc.

For example, the initial threshold question in circumstantial cases of discrimination under Title VII is whether a plaintiff can demonstrate:

(1) membership in a protected group.

(2) qualifications for the position at issue.

(3) an adverse employment action; and

(4) replacement by, or less favorable treatment than, a person outside of the protected group.

In Spears v. Louisiana College, a tenured college professor claimed she was discriminated against when her employment contract with the college was not renewed, and her teaching and administrative duties were redistributed to others.

Feeling aggrieved, the plaintiff brought ADEA, ADA and Title VII claims alleging age, disability and sex discrimination in connection with her termination. The district court awarded the college summary judgment because it found Spears was not replaced by another person outside of her protected class. The Fifth Circuit reversed, however, holding employers cannot automatically avoid liability by “fractioning” an employee’s job.

In other words, spreading out an employee’s job duties amongst other employees may still constitute a replacement of that person for purposes of the ADEA, ADA and Title VII.

Please contact any member of Phelps’ Labor and Employment team if you have questions or need advice or guidance on labor and employment issues.