Job Transfers and Employment Discrimination: What to Consider

If you were recently transferred to a new unit or division within your place of employment, and do you have concerns that your transfer might have occurred due to unlawful employment discrimination? A recent US Supreme Court ruling in Muldrow v. City of St. Louis (2024) strengthens Title VII protections and clarifies that, while employees who have been transferred must show some harm, they do not need to present evidence that proves the harm is “significant” or material,” as an NPR report about the case underscores.

The Supreme Court’s decision is, in effect, a win for employees and makes clear that employees may be able to bring an employment discrimination claim as a result of a job transfer (even in circumstances where the transfer does not amount to or involve retaliation). Our Palm Beach Gardens employment discrimination lawyers can tell you more about the case and its implications.

Learning More About Muldrow v. City of St. Louis

In Muldrow, a police sergeant filed an employment discrimination claim under Title VII that alleged her employer, the St. Louis Police Department, transferred her to a different position within the department “because she is a woman.” Muldrow had worked for years in a specialized Intelligence Division where she was a plainclothes officer. After nine years, she was transferred to a uniformed job in the department and was replaced in her original role with a male employee. In her new position, although her pay and rank were the same, “her responsibilities, perks, and schedule” were not, according to the Court’s decision.

The City of St. Louis argued that Muldrow would need to show significant harm in order to have a valid claim under Title VII. However, the Supreme Court held that “an employee challenging a job transfer under Title VII must show that the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be significant.” In other words, just some harm can be enough for an employer’s transfer actions to violate Title VII.

Implications of Muldrow for Employees Facing Discriminatory Job Transfers 

If your employer transfers you for a reason that is either overtly discriminatory, or that seems as though it may be discriminatory, you could be able to hold your employer accountable under Muldrow if you can show that the transfer caused some harm.

While it will be important to discuss the details of the harm from your transfer that you have experienced with a lawyer, even a less favorable schedule, or fewer perks or benefits, could be sufficient under Muldrow to have a discrimination claim under Title VII.

Contact a Palm Beach Gardens Employment Discrimination Attorney 

Any employee who was transferred to another role for reasons that appear discriminatory should consult with an experienced Palm Beach Gardens employment discrimination lawyer at Sconzo Law Office as soon as possible. Common and harmful stereotypes concerning sex, race, and other protected identities can lead an employer to institute a transfer, and that transfer may constitute unlawful discrimination under Title VII of the Civil Rights Act of 1964. Contact us today for assistance with your claim and to ask any questions you have about employment discrimination in Florida workplaces.

Sources:

npr.org/2024/04/17/1245309316/supreme-court-decision-employee-discrimination-work-transfers

supremecourt.gov/opinions/23pdf/22-193_q86b.pdf