The U.S. Supreme Court will decide whether Title VII of the Civil Rights Act prohibits discrimination in forced transfer decisions without also requiring a showing that the transfer decision caused the employee a materially significant disadvantage in Muldrow v. City of St. Louis, Mo., No. 22-193.

The Court granted review to address a split in the circuits on the issue of whether a forced transfer alone rises to the level of an adverse employment action. The U.S. Courts of Appeals for the D.C. Circuit and the Ninth Circuit both held that a purely lateral transfer is an adverse employment action whether or not the employee can show additional injury as a result. The remaining circuits impose standards requiring proof of harm, although with varying burdens to successfully demonstrate the harm.

Facts

Jatonya Muldrow worked as a sergeant with the St. Louis Police Department in the Intelligence Division. She managed cases about public corruption and human trafficking and oversaw the gun crimes and gang units. The Federal Bureau of Investigation deputized Muldrow as a “task officer” in its human trafficking unit, which entitled Muldrow to significant overtime pay and access to an FBI-issued vehicle.

Department leadership changed in 2017, and the new commander transferred Muldrow to a different district. Her responsibilities included supervising officers on patrol, reviewing and approving arrests, and responding to calls about violent crimes. As she was no longer eligible to work...

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