In this episode of Ground Rules: Employment Law Over Your Coffee Break, Pam Howland sits down with Doug Plass and Jennifer Walrath to unpack the ripple effects of the U.S. Supreme Court’s 2024 decision in Muldrow v. City of St. Louis.

They walk through surprising scenarios that triggered claims — from performance improvement plans to reclassifications — and discuss what this means for HR teams and supervisors moving forward.

You’ll hear how this single decision, which lowered the bar from “significant harm” to just “some harm” under Title VII, is reshaping what qualifies as an adverse employment action. Pam, Doug, and Jennifer also share what steps employers can take right now to prepare for an uptick in claims and stay compliant in this new legal climate.

 Key Takeaways: 

• “Some Harm” Is the New Standard. The Supreme Court ruled that employees no longer need to show significant harm to bring a discrimination claim; this lower bar opens the door to more lawsuits.
• Expect More Claims. Courts and agencies like the EEOC are already seeing an increase in filings as this ruling filters through the system.
• More Important Than Ever For Legitimate Employment Decisions. Transfers, reclassifications, and even performance improvement plans could be viewed as adverse actions depending on the facts.
• Documentation Is Still Your Best Defense. Courts look for contemporaneous, factual documentation — it’s still your best defense, but ensure it is done legally.
• Train and Prepare. Clear job descriptions, consistent policies, and supervisor training are more critical than ever to stay ahead of shifting standards.

 👉 Want to go deeper? Join us for our upcoming webinar, Compliance Considerations in Times of Political Chaos, on November 14 — where we’ll dive into today’s toughest employer challenges, including social media conduct, civility in the workplace, and Title VII updates under the current administration. 

Register here: https://updates.idemploymentlawyers.com/webinar-complianceinchaos

*Ground Rules hosts and guests are not providing legal advice in this podcast. Do not act upon any of the information discussed in this podcast without first consulting a licensed attorney in your jurisdiction.*

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