In an important employment discrimination case, the U.S. Supreme Court has lowered the burden of proof for an employee to prove that an unwanted job transfer violated Title VII of the Civil Rights Act. Title VII prohibits a discriminatory job transfer even if it does not cause an employee significant harm, the U.S. Supreme Court ruled in Muldrow v. St. Louis. Resolving a split in the lower federal courts as to the proper threshold for determining Title VII violations, the Supreme Court adopted a standard requiring a showing of some harm but rejected an elevated standard requiring a showing of serious or significant harm. All nine Justices joined in the decision.
This decision will make it easier for a plaintiff to show that an unwanted job transfer violated Title VII, which could lead to increased litigation. Employers should ensure that they document sound business reasons for any job transfers they make.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.