Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating “against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin . . . .” See 42 U.S.C. § 2000e-2(a)(1). In Muldrow v. City of St. Louis, decided on April 17, 2024, the Court held that in a discriminatory transfer lawsuit under that statute, proof of a “significant” or a “material” impairment of the plaintiff’s “compensation, terms, conditions, or privileges of employment” was not required in order for the plaintiff to prevail, as long as he or she shows at least some impairment of one of those things resulting from a discriminatory transfer. The Court’s ruling was unanimous, although Justices Thomas and Alito quibbled over the Court’s focus on the words “significant” and “material,” which are not in the statute.
Comment: The Court’s ruling is consistent with both the letter and the spirit of 42 U.S.C. §2000e-29(a)(1).
Dan Rhea
RECENT RULINGS 