Employment Litigation · Primary-source case analysis
Hishon: Title VII Reaches Discriminatory Denial of Partnership Consideration
Decision: Hishon v. King & Spalding, 467 U.S. 69 (1984).
Hishon v. King & Spalding was decided by the Supreme Court on May 22, 1984. A female associate alleged sex discrimination after the firm twice declined to make her a partner and her associate employment ended under its up-or-out practice. The lower courts dismissed on the theory that partnership selection fell outside Title VII.
Title VII covers more than salary and discharge
The statute prohibits discrimination with respect to compensation, terms, conditions, or privileges of employment. A benefit that forms part of the employment relationship can fall within that language even if receiving the benefit would later change the individual’s legal status.
The alleged partnership track was part of associate employment
Taking the complaint as true, the firm recruited associates with an understanding that they would be considered for partnership after a set period. The opportunity for consideration therefore could be a protected employment privilege.
Contract labels did not remove the statutory protection
An employer may not avoid Title VII by characterizing a promised employment benefit as discretionary or by locating the ultimate decision in a separate organizational status. The statute reaches discriminatory denial of the opportunity itself.
The Court decided pleading sufficiency, not ultimate liability
The judgment dismissing the complaint was reversed. The Court did not decide whether discrimination occurred, whether she would have become a partner, or whether partners themselves are employees under Title VII. It addressed an associate’s opportunity for partnership consideration as a benefit of her existing employment.
Key takeaways
- Identify advancement opportunities promised or routinely offered during hiring.
- Treat access to consideration separately from entitlement to the ultimate promotion.
- Preserve criteria, evaluations, comparator files, and decisionmaker communications.
- Do not infer a merits finding from a decision reviewing dismissal of the complaint.
Evaluate your partnership promotion or discrimination record
Our firm can evaluate partnership-track claims, denial of promotion decisions, and Title VII employment disputes. Bring your offer letters, partnership criteria, performance evaluations, and internal communication records. Call (949) 343-9735 or email office@mishrax.com.