News & Analysis as of

Employee Transfers Discrimination

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Lowers the Bar for Title VII Employment Claims

Title VII of the Civil Rights Act requires employees alleging employment discrimination to show they suffered an adverse employment action as a result of their membership in a protected class....more

Conn Maciel Carey LLP

Employers Beware: Title VII Now Allows Employees to More Easily Challenge Your Decision to Transfer or Reassign Them

Conn Maciel Carey LLP on

On April 17, 2024, the United States Supreme Court issued an opinion in Muldrow v. City of St. Louis, Missouri, a case involving a St. Louis Police Department officer’s claim that she was subject to a discriminatory job...more

Jaburg Wilk

US Supreme Court Lowers the Threshold Harm Required for Employees to Maintain Title VII Discrimination Claims

Jaburg Wilk on

In a recent decision, the United States Supreme Court held that an employee need only show “some harm” to maintain a Title VII discrimination claim against an employer for a lateral job transfer. Background - After nine...more

Bradley Arant Boult Cummings LLP

No More Adjectives… Just Some Harm: Supreme Rules on Title VII Job Transfer Threshold

If you transfer an employee to a job with no loss in pay or title but the employee thinks it is less desirable, can that employee sue you for discrimination under Title VII? While it depends on the facts, in Muldrow v. St....more

Bass, Berry & Sims PLC

Supreme Court Holds That Employees Need Not Show “Significant” Harm to Support a Title VII Discrimination Claim Based on a Job...

Bass, Berry & Sims PLC on

In a recent decision, the United States Supreme Court ruled that a lateral job transfer can – in certain circumstances – be an illegal adverse action and support a claim for a lawsuit for unlawful discrimination. This...more

Hahn Loeser & Parks LLP

Lateral Transfers and Reassignments Resulting in “Some Harm” May Now Give Rise To Actionable Discrimination Under Title VII

For decades, employers have depended on the rule that transferring or reassigning an employee would not give rise to an actionable discrimination claim, as long as such an action did not “significantly” change an employee’s...more

Ballard Spahr LLP

SCOTUS Lowered the Threshold of Harm Required for Title VII Discrimination Claims

Ballard Spahr LLP on

Last week, on April 17, 2024, the US Supreme Court unanimously held in Muldrow v. City of St. Louis, Missouri, et al., that an employee challenging a job transfer under Title VII of the Civil Rights Act of 1964 (Title VII)...more

Saul Ewing LLP

U.S. Supreme Court Resolves Circuit Split Concerning Title VII Actions Related to Workplace Transfers

Saul Ewing LLP on

On April 17, 2024 the U.S. Supreme Court resolved a circuit split over the standard to apply to Title VII discrimination cases challenging job transfers, ruling that discriminatory workplace transfers are prohibited even if...more

Perkins Coie

Muldrow Sets a New Standard for Workplace Discrimination

Perkins Coie on

On April 17, 2024, in Muldrow v. City of St. Louis, the Supreme Court of the United States held that an employer may violate Title VII’s anti-discrimination provisions when it transfers an employee even if the transfer did...more

Butler Snow LLP

Muldrow v. City of St. Louis: The Supreme Court Opens the Door for Discriminatory Job Transfer Claims

Butler Snow LLP on

On Wednesday, April 17, 2024, the United States Supreme Court provided an opening for workers to allege employment discrimination claims regarding job transfers based on sex, race, religion, or national origin. In Muldrow v....more

DirectEmployers Association

OFCCP Week In Review: April 2024 #4

Tuesday, April 16, 2024: Federal Trade Commission Poised to Issue Final Rule to Prevent Most Worker Non-Compete Agreements - The Federal Trade Commission (“FTC”) is on the brink of issuing its Final Rule that would...more

Pillsbury Winthrop Shaw Pittman LLP

SCOTUS Relaxes Standards for Title VII Plaintiffs in Workplace Discrimination Claims

In Muldrow v. City of St. Louis, No. 22-193, 2024 WL 1642826 (U.S. Apr. 17, 2024), the U.S. Supreme Court ruled that an employee alleging that an involuntary lateral job transfer constituted workplace discrimination in...more

Foley Hoag LLP

Supreme Court Clarifies When Job Transfers Can Serve as a Basis for Title VII Claims

Foley Hoag LLP on

On April 17, 2024, the Supreme Court issued a unanimous decision in Muldrow v. St. Louis that rejected a heightened injury standard for Title VII claims based on job transfers and held that employees alleging discrimination...more

Proskauer - Law and the Workplace

Supreme Court Rules Discriminatory Job Transfers Need Not Produce “Significant” Harm to be Actionable Under Title VII

On April 17, 2024, the United States Supreme Court ruled on the standard under which a plaintiff can proceed with a claim for a discriminatory job transfer under Title VII of the Civil Rights Act of 1964 (“Title VII”),...more

Bradley Arant Boult Cummings LLP

A Different Type of Transfer Portal? Supreme Court Looking at Employment Transfer Discrimination Case

If you transfer employees with no loss of pay or status, can they sue you under Title VII? Right now, it depends on where you live and what your local federal circuit has ruled. That could change....more

Bradley Arant Boult Cummings LLP

The Transfer-mers: D.C. Circuit Rules That Job Transfers Covered by Title VII Without Higher Bar

Let’s say you are tired of your current position and want to try something new with the same employer. You apply for a job transfer, and you are turned down. Then you find out that other people were able to make the move more...more

Polsinelli

Three Steps Employers May Take to Avoid Liability When Transferring Employees

Polsinelli on

Employers may desire to transfer an employee to a different position, division, or office because of personality conflicts, performance issues, a reorganization, or myriad other reasons. ...more

Ruder Ware

Employer Must Make Clear Decision the First Time

Ruder Ware on

A recent decision from the Fifth Circuit Court of Appeals has again emphasized the importance of an employer making the right decision regarding the handling of an employment matter at the very start and not changing the...more

Parker Poe Adams & Bernstein LLP

Denial of Lateral Transfer Adverse Employment Action Under Title VII

Not every action that an employee views as negative can serve as the basis for a claim of discrimination under Title VII of the Civil Rights Act of 1964. In order to state a claim for relief, federal courts have held that the...more

Bradley Arant Boult Cummings LLP

A Candidate Named Sue (or Maybe Regina)? Tread Carefully With the Litigious Job Applicant

When is it safe to take action against an employee (or a former employee) who filed an EEOC charge against you? As the 7th Circuit just found in Baines v. Walgreen Co., you can never –REPEAT, NEVER – take action because an...more

U.S. Equal Employment Opportunity Commission...

Peoria’s Green Chevrolet to Pay $65,000 to Settle EEOC Discrimination Suit

Black Employee with Disability Involuntarily Transferred and Fired for Opposing It, Federal Agency Charged - CHICAGO - A Peoria, Ill., Chevrolet dealership will pay $65,000 and furnish other relief to settle a disability...more

Morrison & Foerster LLP

Employment Law Commentary, October 2015

EU Employment Issues In M&A Transactions - Across industry sectors, there is one thing that all organizations have in common—people. Every organization needs a workforce to steer it in the right direction. This means...more

BakerHostetler

Employees can have their transfer and sue you too!

BakerHostetler on

A recent court decision allows employees who request a lateral transfer to later change their minds and sue for discrimination based on the very transfer they sought. So an employer’s claim that it merely gave the employee...more

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