May 2024 | Client Alert
On April 17, 2024, the U.S. Supreme Court’s (SCOTUS) decision in Muldrow v. City of St. Louis rejected the “materially significant disadvantage” standard commonly used by other courts to determine the extent of harm required for an employee to prove that a job transfer constitutes an adverse employment action under Title VII of the Civil Rights Act of 1964 (Title VII). Significantly, SCOTUS determined that a mandatory transfer can be discriminatory even if the employee cannot prove that the harm was “significant” or “material.”
The question raised in Muldrow was whether a job transfer, devoid of any change in salary or rank, could be challenged in a discrimination claim. Muldrow sued the city of St. Louis for discrimination, alleging that her transfer constituted an adverse employment action and claiming that the decision for the transfer was solely based on her sex. The lower courts held that, even if Muldrow’s transfer was discriminatory, she had not alleged a “materially significant disadvantage” as a result. However, the Supreme Court held that an employee must only show “some harm” involving an identifiable term or condition of employment to support a Title VII claim, for which employees no longer need to show that their job-related harms are “significant.”
As a result, SCOTUS’ decision has lowered the bar for proving Title VII violations. Although Muldrow involved a sex discrimination claim based on a job transfer, the Supreme Court’s reasoning will apply more broadly for which its holding also governs Title VII claims concerning race, color, religion, and national origin. Consequently, the Supreme Court’s decision will expedite the path for Title VII claims over job transfers and clear the way for more employees to file discrimination suits against their employers.
Because of the general nature of this newsletter, nothing herein should be considered as legal advice or a legal opinion. For further information about the contents of this newsletter, or should you need further assistance in connection with this matter, please contact the firm’s Labor and Employment Department.
For any questions or inquiries regarding this topic do not hesitate to contact us at info@oneillborges.com or your prime contact attorney at O’Neill & Borges LLC.
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This O’Neill & Borges Client Alert is prepared for general information purposes only. It does not constitute legal advice or a legal opinion; nor does it establish an attorney-client relation with the recipient. For further information or to establish an attorney-client relation please contact us at info@oneillborges.com or your prime contact attorney at O&B.