Brandon Moulard and Jonathan Crotty wrote an article on HR.com examining the potential ripple effects of a ruling in 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. 

"Based on the justice’s oral arguments, it appears likely the Supreme Court, at a minimum, will determine that all employee transfers based on a protected classification will create actionable claims under Title VII of the Civil Rights Act of 1964," Brandon and Jonathan wrote. "The Act prohibits employers from discriminating against employees based on race, color, religion, sex, and national origin. Under the Court’s expected ruling, an employee can bring those claims regardless of whether an employee’s transfer results in some tangible harm like a pay cut, loss of prestige or responsibility, deterioration in working conditions, or impediments to promotion or advancement."

"A broader ruling could interpret Title VII to authorize lawsuits based on any employment decision — no matter how minor — that impacts an employee’s terms, conditions, or privileges of employment," they wrote. "Either way, employers should bet on Muldrow widening Title VII’s reach. Consequently, employers need to be on guard against increased litigation and a lowered barrier to state a claim for relief. Claims that courts previously dismissed because the employee did not allege tangible harm or an economic detriment will likely now survive dismissal."

Click here to read the full article.

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