The US Supreme Court decided Friday that it would take up Muldrow v. City of St. Louis, Missouri, a case determining whether an employee can sue under Title VII of the Civil Rights Act for discrimination based on bias-motivated transfers in the workplace.
In Friday’s order, the court stated, “The petition for a writ of certiorari is granted limited to the following question: Does Title VII prohibit discrimination in transfer decisions absent a separate court determination that the transfer decision caused a significant disadvantage?”
This question is a narrowing of the original scope of the ruling proposed by Jatonya Clayborn Muldrow in her petition for a grant of certiorari. Muldrow originally requested the Court rule on the question, “Does Title VII prohibit discrimination as to all ‘terms, conditions, or privileges of employment,’ or is its reach limited to discriminatory employer conduct that courts determine causes materially significant disadvantages for employees?”
The National Employment Lawyers Association (NELA) filed an amicus curiae brief in support of Muldrow’s petition for a writ of certiorari, writing, “This Court now has the opportunity to recognize that Title VII protects against employers’ selective allocation of any benefits and burdens, including nonmonetary benefits, based on race, sex, religion, or other unlawful criteria.”
The United States government also filed an amicus brief in favor of certiorari, writing:
All forced job transfers and denials of...
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