An employee in a discrimination case alleging they suffered an adverse employment action must offer evidence supporting the alleged harm caused, but they no longer need to show the harm was significant after a recent U.S. Supreme Court decision in Muldrow v. St. Louis, Mo.
Details of the Muldrow case involve an employee who alleged that she suffered an adverse employment action after being transferred to a less desirable position (with the same pay) and later denied a transfer request, both due to alleged sex discrimination.
- Initially the plaintiff was unsuccessful, as the trial court granted summary judgment to the employer finding the employee did not suffer a materially adverse action and thus failed to satisfy the “adverse employment action”.
- The appeals court affirmed the decision of the lower court finding the plaintiff did not show that her transfer or denied transfer request was an adverse employment action” defined as a tangible change in working conditions that produces a “material” employment disadvantage.
- However, a petition to the U.S. Supreme Court resulted in a unanimous decision to overturn the lower court decision, finding the language of Title VII required the plaintiff show only that the transfer brought about some disadvantageous change in an employment term or condition based on sex, not necessarily substantial harm.
Significance of Muldrow When Bringing an Employment Discrimination Claim
The Muldrow decision is significant in that it informs employment discrimination claims under Title VII of the Civil Rights Act. Specifically, prior to this ruling, employees had to demonstrate “significant harm” to bring a discrimination claim related to a job transfer. However, the Supreme Court decision essentially lowered the bar, requiring only that employees show “some harm” from the transfer, making it easier for employees to bring claims even if the only adverse action in a discrimination claim is a job transfer – a common issue among employees subject to discrimination.
Contact Our Employment Discrimination Lawyers for Help Today
Under Title VII, discriminating against an employee with respect to his compensation, terms, conditions, or privileges of employment, on the basis of race, color, religion, sex, national origin or other protected classes is prohibited by law. When you have suffered an adverse employment action due to employment discrimination, it is important to seek legal advise. Contact the employment discrimination attorneys of Alan C. Olson & Associates for immediate assistance at 262-785-9606.
