The U.S. Supreme Court will hear a case that will clarify whether a mandatory job transfer can be considered a discriminatory employment action under federal law.
On June 30, the Supreme Court agreed to hear Muldrow v. City of St. Louis. It hasn't yet set a date for oral arguments, but the court's next term will begin on Oct. 2.
The court will focus on whether Title VII of the Civil Rights Act of 1964 prohibits discrimination in all terms, conditions or privileges of employment, or whether the law's reach is limited to employer decisions that cause materially significant disadvantages for employees.
The court's decision to hear the case should provide clarity for employers, "given the recent evolution in the case law interpreting Title VII in the context of cases that do not involve material or significant adverse employment actions," said Jonathan O'Connell, an attorney with Odin, Feldman & Pittleman in Reston, Va. "In recent years, there's a trend within the circuit courts of re-examining the language of Title VII and finding that there is, in fact, no materiality requirement built into the statute."
If the Supreme Court decides that Title VII protects more than just significant or material employment actions, there will likely be a spike in the number of charges filed with the U.S. Equal Employment Opportunity Commission and local Fair Employment Practice Agencies, O'Connell predicted.
"For now, HR and employers should stay the course. Whichever way the court goes,...
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