Employers, take note: The Supreme Court has ruled in the closely watched Muldrow case, vacating the Eighth Circuit’s decision affirming summary judgment in favor of the employer, and remanding the case for further proceedings.
In a 9-0 employee-friendly opinion, the Court held that the lower courts used an improper standard to assess the case. It explained that under Title VII, while an employee challenging a job transfer must show that the transfer resulted in SOME harm to the employee with respect to a term or condition of employment, the harm need not be SIGNIFICANT. As the Court stated:
“The Court of Appeals’ treatment of Muldrow’s suit cannot survive. The court required Muldrow to show that the allegedly discriminatory transfer out of the Intelligence Division produced a significant employment disadvantage . . . . that is the wrong standard. Muldrow need show only some injury respecting her employment terms or conditions. The transfer must have left her worse off, but need not have left her significantly so.”
See the full opinion here: 22-193 Muldrow v. St. Louis (04-17-2024)
A good reminder to employers to always document legitimate, non-discriminatory business reasons for employment decisions.