Brandon Moulard and Jonathan Crotty were quoted in an article on the Society for Human Resource Management's website about their analysis of the U.S. Supreme Court case Muldrow v. City of St. Louis.
The case involves a sex discrimination claim by a police officer who alleges that she was transferred to a less prestigious position due to her gender. It centers on the question of whether a lateral transfer constitutes an “adverse employment action” upon which a Title VII discrimination claim can be based. Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees based on race, color, religion, sex, and national origin.
"Employers should bet on Muldrow widening Title VII's reach," Moulard and Crotty said in the article.
"A broad ruling on Title VII's reach might put many inclusion, equity, and diversity (IE&D) programs on the chopping block," they said. "After Muldrow, many programs, such as race-based decisions for mentoring or training, may give rise to a claim, even though those employment decisions may cause no tangible harm to the groups who cannot participate in the race-restricted benefit."
You can read the full article here: Job Transfer Case May Implicate IE&D Programs
The Society for Human Resource Management (SHRM) has more than 300,000 HR and business executive members in 165 countries.