Title VII of the federal Civil Rights Act makes it illegal for employers to undertake a negative employment action against an employee or job applicant based on a “protected category” like race, religion, ethnicity or sex. In this context, all employers should make note of Muldrow v. City of St. Louis, Missouri, a recent U.S. Supreme Court decision that could make it easier for employees to bring Title VII discrimination suits over allegedly discriminatory transfers to a new position.
The case in question involved St. Louis police sergeant Jatonya Muldrow, a longtime plainclothes officer who was involuntary transferred from her job in the intelligence unit to one in a different unit that required her to wear a uniform and supervise other officers.
Muldrow’s rank and pay remained the same, but she claimed her new role was less prestigious and lacked the same perks, such as a take-home vehicle and a regular Monday-through-Friday schedule.
After the transfer, Muldrow brought a Title VII suit against the city, arguing that the transfer constituted sex discrimination.
The 8th U.S. Circuit Court of Appeals ruled a trial judge correctly dismissed the case because Muldrow couldn’t show that her transfer caused here a “materially significant disadvantage.” Specifically, the court noted that the transfer did not result in a “diminution” in her title, salary or benefits and caused only “minor” changes to her working conditions.
But the Supreme Court reversed, ruling that an employee only needs to prove a job transfer caused them “some harm” with respect to a term or condition of employment in order to have a Title VII case and that such harm need not be significant.
In light of this decision, employers need to evaluate carefully any job transfer decision to ensure there’s a legitimate, nondiscriminatory reason for the transfer, as even small negative changes could result in a lawsuit. Additionally, the court’s reasoning potentially reaches beyond just job transfers, opening the door to employees claiming that other types of employment actions caused “some” harm in violation of Title VII, and could extend to antidiscrimination laws like the Age Discrimination in Employment Act and the Americans with Disabilities Act.
Given this, it’s a good idea to have an employment lawyer evaluate your personnel policies to ensure you’re not putting your business at risk of an expensive and damaging lawsuit.