Earlier this year, the U.S. Supreme Court ruled that involuntary job transfers that result in “some harm” to the employee can violate Title VII of the Civil Rights Act of 1964, even if there is no “significant” injury (for example, with respect to title, salary or benefits). See Muldrow v. St. Louis (April 16, 2024).
The court wrote, “Although an employee must show some harm from a forced transfer to prevail in a Title VII suit, she need not show that the injury satisfies a significance test. Title VII’s text nowhere establishes that high bar.” The court said that its ruling should not result in the employer’s prediction that employees will “flood courts with litigation” in the absence of a significant-injury requirement. It is worth noting, however, that the court’s decision resolved a split among circuit courts regarding whether the harm to support a Title VII claim of discrimination related to a job transfer must cause significant or material disadvantage. Employers everywhere should be aware of this ruling as they make decisions regarding transfers and other employment decisions.