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SCOTUS Issues Groundbreaking Title VII Decision

On Wednesday, April 17, 2024, the U.S. Supreme Court issued a landmark decision in Muldrow v. City of St. Louis, Missouri, et al., which resolves a circuit split over the correct standard to apply to Title VII claims of employment discrimination. Though Muldrow concerned claims of alleged discrimination in the context of a job transfer, we anticipate that it will be applied beyond the transfer context to discrimination claims generally. The Court’s essential holding is that, to make out a Title VII discrimination claim, a claimant must show “some harm respecting an identifiable term or condition of employment.” The claimant does not have to show that the harm incurred was “significant” or “substantial.” The Court expressly rejected the proposition “that the disadvantage to the employee must exceed a heightened bar.” The Court specifically noted that it did not matter that Muldrow’s rank and pay remained the same, or that she still could advance to other jobs.

Muldrow significantly expands the ability of claimants to assert colorable Title VII employment discrimination claims based on race, color, religion, sex, and national origin. Please contact us if you have any questions or if we can assist you.

Click here to see the Court’s opinion in Muldrow v. City of St. Louis, Missouri, et al.