News & Analysis as of

Supreme Court of the United States Title VII Employment Discrimination

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 -
Akerman LLP - HR Defense

U.S. Supreme Court to Review Reverse Discrimination Standard

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Should an employee’s burden to plead and prove workplace discrimination differ depending upon whether they are considered in a “majority” or “minority” group? The U.S. Supreme Court is now set to decide whether an arguably...more

Stevens & Lee

Supreme Court to Review Reverse Discrimination Employment Case

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Title VII claims alleging employment discrimination are analyzed under the McDonnell Douglas framework which requires that the employee first show that they are a member of a protected class (race, color, religion, sex,...more

Davis Wright Tremaine LLP

SCOTUS Takes Up Another Case With DEI Implications

Last week, the Supreme Court accepted review of Ames v. Ohio Department of Youth Services. The court will address a circuit split regarding the standard courts apply in discrimination claims brought by majority group...more

Lathrop GPM

Title VII & Lateral Transfers - Treacherous Territory after United States Supreme Court Ruling

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The United States Supreme Court recently settled a circuit split concerning when an involuntary lateral transfer may violate Title VII of the Civil Rights Act of 1964. The Court’s opinion in Muldrow v. City of St. Louis...more

PilieroMazza PLLC

Supreme Court Opens Door to Broader Spectrum of Employment Discrimination Cases

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In April 2024, the U.S. Supreme Court held that transferring an employee to a new position with the same rank and pay may constitute an adverse action under Title VII. The recent decision in Muldrow v. City of St. Louis,...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...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

Polsinelli

No Harm, No Foul: The Supreme Court Reduces “Harm” Standard for Discriminatory Job Transfer Claims under Title VII

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In April, the U.S. Supreme Court unanimously held in Muldrow v. City of St. Louis, that to sustain a prima facie case of employment discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”), plaintiffs do...more

McAfee & Taft

Is being criticized by your supervisor ‘some harm’ and, therefore, discriminatory?

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The recent U.S. Supreme Court decision in Muldrow v. City of St. Louis appears to have expanded the universe of “adverse employment actions” that could support an employee’s discrimination claim. The Supreme Court stated in...more

Foley & Lardner LLP

Nineteen States Sue To Enjoin New EEOC Harassment Guidance

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On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued the final version of its Enforcement Guidance on Harassment in the Workplace (the “Guidance”) by a 3-2 vote. The Guidance updates prior EEOC...more

Seward & Kissel LLP

Employment Litigation Roundup - May 2024

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May 2024 NJ Supreme Court holds that non-disparagement provisions cannot prohibit disclosure of details relating to claims of discrimination, retaliation, or harassment - The New Jersey Supreme Court unanimously held that...more

Saul Ewing LLP

Employees No Longer Required to Prove Significant Harm for Title VII Claims

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Under the recent Supreme Court Ruling of Muldrow v. City of St. Louis, employees no longer need to suffer “significant” harm to state a claim of discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”)....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

Dentons

Promotion and Demotion – What to Watch For

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In a recent U.S. Supreme Court case, a police sergeant alleged that she was transferred from one job to a less desirable job in the police department because of her sex....more

Conn Maciel Carey LLP

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

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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

Kohrman Jackson & Krantz LLP

Supreme Court Returns Title VII to Its Roots and Lowers the Standard to Prove Discrimination

Title VII makes it unlawful to discriminate against employees on the basis of their gender, race, national origin, color or religion. Nowhere does it provide an express definition of discrimination or establish a standard a...more

Proskauer Rose LLP

No Good Deed Goes Unpunished: When Employers’ Good Intentions Inadvertently Create Increased Risk

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Employment lawsuits typically involve allegations of an employer’s wrongdoing – claims that the employer or its agents intended to and did mistreat, discriminate, or retaliate against employees. However, these “bad actor”...more

Payne & Fears

April 2024 Case Summaries

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Mattioda v. Nelson, 98 F.4th 1164 (9th Cir. 2024) - Summary: Disability-based harassment claims are available under the Americans with Disabilities Act and the Rehabilitation Act....more

Venable LLP

Labor Pains: You Moved My Parking Spot! I'm Suing

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Picture this: You're just about set to open a new workplace in Smallsville. The only hurdle remaining is finding the right person to manage the new location. After giving this problem considerable thought, you think you've...more

Lerch, Early & Brewer

What Employers Need to Know About the Recent Supreme Court Decision in Muldrow

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On April 17, 2024, the Supreme Court issued a decision in Muldrow vs. City of St. Louis, which held that Title VII – which bars employers from discriminating in decisions involving among other things, lateral transfers – does...more

Bricker Graydon LLP

Supreme Court Expands Workers’ Ability to Sue Based on Job Transfer

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In a recently decided case, the U.S. Supreme Court held that a job transfer may demonstrate adverse action even when the transfer does not result in a loss of pay or other benefit. A unanimous Court held in Muldrow v. City of...more

Cranfill Sumner LLP

Supreme Court Lowers the Bar for Employment Discrimination Claims: Only “Some Injury” Required

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On April 17, 2024, the United States Supreme Court issued its much-anticipated decision in Muldrow v. City of St. Louis (No. 22-193) and held that “some injury” is sufficient to establish a federal discrimination or...more

Foley & Lardner LLP

Update: Supreme Court Revises Title VII’s Decades-Old “Adverse Employment Action” Standard for Discriminatory Transfers

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In January 2024, we reported on a significant case, Muldrow v. City of St. Louis, Missouri, No. 22-193, which was then pending before the United States Supreme Court. On April 17, 2024, the Court issued its decision in this...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

Gould + Ratner LLP

Supreme Court Ruling Will Affect Employer Decisions Regarding Mandatory Transfers

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The U.S. Supreme Court recently ruled that a mandatory job transfer might be considered an “adverse employment action” under federal anti-discrimination law. Following this decision, which creates a lesser standard for...more

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