Muldrow Sets A New Standard For Workplace Discrimination

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 not result in a loss of pay or benefits. The decision resolves an open question among the federal appellate courts as to whether a plaintiff needs to establish that an employer's adverse actions resulted in substantial harm. By holding that Title VII's language does not support a heightened standard of harm, requiring only "some harm" to exist, the Court answers that question. In its opinion, the majority recognizes that the decision sets the stage for further employment discrimination claims. In addition to potentially opening the floodgates of traditional discrimination claims, the decision may also be leveraged by opponents of diversity, equity, and inclusion (DEI) efforts to challenge some aspects of employers' efforts to advance workplace DEI.