Oral Argument: Muldrow v. St. Louis | Case No. 22-193 | Date Argued: 12/6/23 | Date Decided: 4/17/24

Link to Docket: Here.

Background:

Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer "to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual" with respect to "compensation, terms, conditions, or privileges of employment" on the basis of race, color, religion, sex, or national origin. 42 U.S.C. § 2000e-2(a)(l). The Eighth Circuit below followed binding circuit precedent to hold that discriminatory job transfers (and denials of requested transfers) are lawful under Title VII when they do not impose "materially significant disadvantages" on employees.

Question Presented: Does Title VII prohibit discrimination as to all "terms, conditions, or privileges of employment," or is its reach limited to discriminatory employer conduct that courts determine causes materially significant disadvantages for employees?

Holding: 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.

Result: Vacated and remanded.

Voting Breakdown: 9-0. Justice Kagan delivered the opinion of the Court, in which Chief Justice Roberts and Justices Sotomayor, Gorsuch, Barrett, and Jackson joined. Justices Thomas, Alito, and Kavanaugh each filed an opinion concurring in the judgment.

Link to Opinion: Here.

Oral Advocates:

• For Petitioner: Brian Wolfman, Washington, D.C.; and Aimee W. Brown, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as Amicus Curiae.)
• For Respondents: Robert M. Loeb, Washington, D.C.