News & Analysis as of

Supreme Court of the United States Employer Liability Issues Diversity and Inclusion Standards (D&I)

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Constangy, Brooks, Smith & Prophete, LLP

Federal court dismisses one of first post-SFFA lawsuits alleging “reverse” discrimination

Spoiler alert: DEI policy wasn't enough to establish discrimination. Five journalists who were formerly employed with Gannett Co., Inc., alleged that the media company’s diversity policies resulted in “reverse”...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Lowers the Bar for Title VII Employment Claims

Title VII of the Civil Rights Act requires employees alleging employment discrimination to show they suffered an adverse employment action as a result of their membership in a protected class....more

Kohrman Jackson & Krantz LLP

Sixth Circuit Rules That Accommodation Requests Under the ADA Can Be Inferred Without Explicit Employee Request

Following the U.S. Supreme Court’s decision in Muldrow v. City of St. Louis, which lowered the threshold for employees to demonstrate discrimination under Title VII, the Sixth Circuit has expanded the scope of what employers...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast - Episode 19: Diversity, Equity, & Inclusion in the Workplace with Stephanie Mays,...

Maynard Nexsen on

For episode 19, Tina and Christy welcome Maynard Nexsen labor & employment attorney Stephanie Mays, who also serves as the Chief Talent Officer for the firm. We dive into the Students for Fair Admissions cases and how it...more

Conn Maciel Carey LLP

Employers Beware: Title VII Now Allows Employees to More Easily Challenge Your Decision to Transfer or Reassign Them

Conn Maciel Carey LLP on

On April 17, 2024, the United States Supreme Court issued an opinion in Muldrow v. City of St. Louis, Missouri, a case involving a St. Louis Police Department officer’s claim that she was subject to a discriminatory job...more

Bradley Arant Boult Cummings LLP

No More Adjectives… Just Some Harm: Supreme Rules on Title VII Job Transfer Threshold

If you transfer an employee to a job with no loss in pay or title but the employee thinks it is less desirable, can that employee sue you for discrimination under Title VII? While it depends on the facts, in Muldrow v. St....more

Ballard Spahr LLP

SCOTUS Lowered the Threshold of Harm Required for Title VII Discrimination Claims

Ballard Spahr LLP on

Last week, on April 17, 2024, the US Supreme Court unanimously held in Muldrow v. City of St. Louis, Missouri, et al., that an employee challenging a job transfer under Title VII of the Civil Rights Act of 1964 (Title VII)...more

Spilman Thomas & Battle, PLLC

The U.S. Supreme Court Lowers the Standard for an Employee to Prove Workplace Discrimination from an Involuntary Job Transfer

On April 17, 2024, the United States Supreme Court issued its unanimous decision in Muldrow v. St. Louis, 601 U.S. _____ (2024), which addressed the appropriate standard for evaluating whether a job transfer – even where the...more

Snell & Wilmer

New U.S. Supreme Court Case Casts a Wide Net on What Is Considered Discrimination

Snell & Wilmer on

Title VII, the federal standard for workplace discrimination cases, prohibits discrimination against individuals with respect to their “compensation, terms, conditions, or privileges of employment,” based on the individual’s...more

Jones Day

U.S. Supreme Court Modifies Title VII's Adverse Action Standard

Jones Day on

The Court's decision in Muldrow v. St. Louis requires plaintiffs to prove "some injury" respecting employment terms or conditions in discrimination cases....more

Perkins Coie

Muldrow Sets a New Standard for Workplace Discrimination

Perkins Coie on

On April 17, 2024, in Muldrow v. City of St. Louis, the Supreme Court of the United States held that an employer may violate Title VII’s anti-discrimination provisions when it transfers an employee even if the transfer did...more

Mintz - Employment Viewpoints

Some Harm is All it Takes – the Supreme Court Lowers the Bar For Title VII Discrimination Claims Involving Lateral Job Transfers.

In Muldrow v. City of St. Louis, Mo., the U.S. Supreme Court made it easier for employees who are involuntarily transferred to a lateral position to pursue discrimination claims, even when they retain the same pay, benefits...more

Pillsbury Winthrop Shaw Pittman LLP

SCOTUS Relaxes Standards for Title VII Plaintiffs in Workplace Discrimination Claims

In Muldrow v. City of St. Louis, No. 22-193, 2024 WL 1642826 (U.S. Apr. 17, 2024), the U.S. Supreme Court ruled that an employee alleging that an involuntary lateral job transfer constituted workplace discrimination in...more

Foley Hoag LLP

Supreme Court Clarifies When Job Transfers Can Serve as a Basis for Title VII Claims

Foley Hoag LLP on

On April 17, 2024, the Supreme Court issued a unanimous decision in Muldrow v. St. Louis that rejected a heightened injury standard for Title VII claims based on job transfers and held that employees alleging discrimination...more

DirectEmployers Association

DE Under 3: Title VII Prohibits Discriminatory Job Transfers Even Without Significant Harm, U.S. Supreme Court Unanimously Ruled

In a unanimous decision last week, the U.S. Supreme Court ruled that Title VII does in fact prohibit discriminatory job transfers, even without significant harm. In this episode, John and Candee discuss this ruling and what...more

Jenner & Block

Client Alert: The Supreme Court Issues Narrow Ruling in Title VII Case, Muldrow v. City of St. Louis

Jenner & Block on

On April 17, 2024, the Supreme Court issued its decision in Muldrow v. City of St. Louis, a closely watched employment discrimination case. In a unanimous opinion written by Justice Kagan, the Court reversed the Eighth...more

Goodwin

Supreme Court Adopts New Standard for Establishing Adverse Employment Action Element in Title VII Cases

Goodwin on

To prevail on a claim of unlawful employment discrimination, a plaintiff must establish that the employer took an “adverse employment action” because of the employee’s protected class...more

Seyfarth Shaw LLP

SCOTUS Issues Highly Anticipated Muldrow Decision, Rejecting Heightened Harm Requirement in Adverse Action Analysis

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The United States Supreme Court issued its opinion in one of the most anticipated employment cases of this term. In Muldrow v. City of St. Louis, the Court considered whether Title VII of the Civil Rights Act of 1964...more

Foley Hoag LLP - White Collar Law &...

Reflecting on Higher Education Compliance and Investigations Trends in 2023 and Looking Ahead to 2024

This is the fifth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several...more

Tucker Arensberg, P.C.

Is the Supreme Court about to expand employer liability under Title VII, and could its decision hamper DEI initiatives?

Tucker Arensberg, P.C. on

To prevail on a discrimination claim under Title VII and similar anti-discrimination laws, the employee bringing suit must prove that he or she suffered an “adverse employment action” because of a legally protected...more

Spilman Thomas & Battle, PLLC

The Impact of the Supreme Court’s Decision on Affirmative Action in Education on Workplace DEI

In June 2023, the United States Supreme Court issued rulings in two related cases: Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and SFFA v. University of North Carolina, Nos. 20-1199 & 21-707,...more

Conn Kavanaugh

Supreme Court Decision May Impact Your Company’s Diversity, Equity, and Inclusion Initiatives

Conn Kavanaugh on

The U.S. Supreme Court recently held that it is illegal to consider race in college admissions decisions. While the decision did not apply to employers, employers should be aware that the decision is being used as a roadmap...more

Skadden, Arps, Slate, Meagher & Flom LLP

2024 Insights: ESG

The Supreme Court’s Affirmative Action Opinion Continues To Spawn Challenges to DEI Programs - Businesses can expect continued challenges to DEI programs, as emboldened opponents to these programs seek to expand the reach...more

Adler Pollock & Sheehan P.C.

Supreme Court Poised to Eliminate Title VII Material Harm Requirement

Last week, the Supreme Court heard oral argument in Muldrow v. City of St. Louis, a key case involving the definition of an “adverse employment action” under Title VII of the Civil Rights Act of 1964.  Specifically, the Court...more

Littler

Supreme Court Appears Ready to Hold Title VII Does Not Require a Materially Adverse Employment Action – Significant Implications...

Littler on

On December 6, 2023, the Supreme Court of the United States (SCOTUS) heard arguments in Muldrow v. City of St. Louis, Missouri—a potentially pivotal case concerning whether Title VII requires plaintiffs to establish a...more

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