LINK High Court’s 9-0 Ruling Lowers Bar for Filing Anti-DEI Discrimination Lawsuits
A low-profile case decided Wednesday by the Supreme Court could have big implications for employers’ diversity, equity, and inclusion programs.
Muldrow v. City of St. Louis was a case about a female police officer who alleged that she was transferred from one department to another because of her sex. She argued that the transfer violated Title VII of the Civil Rights Act, which forbids “race, color, religion, sex, or national origin” discrimination with respect to employment “compensation, terms, conditions, or privileges.”
She lost in the lower court because she could not show that the transfer caused her “significant” harm. The lower court held that the transfer “did not result in a diminution to her title, salary, or benefits” and caused “only minor changes in [her] working conditions.”
A unanimous Supreme Court reversed, holding that any harm—whether significant or insignificant—satisfies Title VII.
Writing for the court, Justice Elena Kagan said that the policewoman “does not have to show … that the harm incurred was significant. Or serious, or substantial, or any similar adjective.”
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