5th Circuit applies longstanding discrimination test even as judges call it ‘wrong’

for adjudicating employment discrimination claims, but two members of a three-judge panel signaled that the test’s days may be numbered. for adjudicating employment discrimination claims, but two members of a three-judge panel signaled that the test’s days may be numbered. Circuit Court of Appeals declined Monday toThe 5th U.S. Circuit Court of Appeals declined Monday toThe 5th U.S. The 5th Circuit applied the test established inMcDonnell Douglas Corp. v. Green