Is the Fifth Circuit's restrictive 'ultimate adverse employment action' doctrine in conflict with Title VII protections?

QUESTIONS PRESENTED : 1. Is the Fifth Circuit restrictive doctrine “ultimate adverse employment action”, in conflict with the protections and provisions intended by Congress . and Title VII of the Civil Rights Act of 1964, 42 US.C. §§ 20008, et seg.? 2. Does a Teacher in Need of Assistance (TINA), when carried out in violation of 19 Texas Administration Code § 150.1004 rise to the level of an “ultimate adverse employment decision”? i er . . : 5 ii RELATED CASES AND PROCEEDINGS Guadalupe A. Welsh v. Fort Bend Independent School District, 4:15-CV-01275, US. Court of Appeals, DefendantAppellee, Fort Bend ISD Brief, entered July 23, 2019 Guadalupe A. Welsh v. Fort Bend Independent School District, 4:15-CV-01275, U.S. Court of Appeals, PlaintiffAppellant, Original Brief, entered June 24, 2019 Guadalupe A. Welsh v. Fort Bend Independent School District, Southern District of Texas, Civil Action No. 4:15-CV-01275, Plaintiff’s Motion for Reconsideration and Motion for New Trial, entered August 16, 2018 Guadalupe A. Welsh v. Fort Bend Independent School District, Southern District of Texas, 4:15-CV-01275, Plaintiff’s Supplemental Response to Defendant’s Motion for Summary Judgment, entered June 12, 2018 Guadalupe A. Welsh v. Fort Bend Independent School ; District, Southern District of Texas, Civil Action No. 4:15-CV-01275, Plaintiff Guadalupe Welsh’s Response : . to Defendant Fort Bend School District’s Motion for Summary Judgement, entered May 29, 2018 ; Guadalupe A. Welsh v. Fort Bend Independent School District, Southern District of Texas, 4:15-CV-01275, Fort Bend ISD Motion for Summary Judgment, entered May 07, 2018 Guadalupe A. Welsh v. Fort Bend Independent School District, 4:15-CV-01275, U.S. Court of Appeals, No. 16' 20538, Appeal from Southern District of Texas, Res judicata, entered August 15, 2017