The U.S. Supreme Court heard a case on Dec. 6 that will determine whether involuntary job transfers can constitute discrimination in some circumstances.
The court focused on whether tangible harm is required in order to prove discrimination. Examples of harm would be getting less pay, less promotion potential, lower rank or unfavorable hours.
The justices "appeared to lean toward a finding that Title VII covers a broader swath of discrimination, including discrimination that does not carry an obvious harm," Martin Bell, an attorney with Simpson Thacher in New York City, told SHRM Online.
It's unclear when the court will issue an opinion in this case.
Background
Under Title VII of the Civil Rights Act of 1964, employers cannot discriminate against workers with respect to their compensation, terms, conditions or privileges of employment because of their race, color, sex, religion or national origin. Plaintiffs alleging discrimination must show they suffered an adverse employment action, such as being fired, suspended or demoted with less pay or fewer benefits.
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