Three cases making their way through the federal courts of appeals are garnering attention because of the breadth and impact on who can bring a claim under Title VII of the Civil Rights Act of 1964 (Title VII). The U.S. Supreme Court recently asked the federal government to submit briefs on whether a paid suspension or a forced transfer can form the basis of a claim under Title VII.

U.S. Solicitor General, Elizabeth Barchas Prelogar, has been invited to file briefs in separate cases involving an ex-congressman who claims he was forced out as head of a legal aid agency because of his race, and a St. Louis police officer who alleges she was transferred to an undesirable position due of her sex. In both cases, appellate courts ruled that the employees’ claims did not amount to an “adverse employment action” under Title VII. The cases are Muldrow v. St. Louis, Missouri and Davis v. Legal Services of Alabama, U.S. Supreme Court, Nos. 22-193 and 22-231.

Want to continue reading?
Become an ALM Digital Reader for Free!

Benefits of a Digital Membership

• Free access to 1 article* every 30 days
• Access to the entire ALM network of websites
• Unlimited access to the ALM suite of newsletters
• Build custom alerts on any search topic of your choosing
• Search by a wide range of topics

Already have an account? https://news.google.com/__i/rss/rd/articles/CBMijwFodHRwczovL3d3dy5sYXcuY29tL...