Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees with respect to compensation, terms, conditions, or privileges of employment based on a protected class such as an employee’s race, color, religion, sex, or national origin.
Most discrimination cases under Title VII deal with significant employment actions such as refusal to hire, termination of employment, and unequal pay. Recently the Supreme Court held that an employer’s decision to change the terms or conditions of an employee’s job is unlawful discrimination, even if the damage is insignificant, where the employer’s decision is based a protected class under Title VII. Based on this ruling, to be actionable, the harm inflicted does not need to be “significant.” There merely needs to be some harm to a term or condition of employment based on a protected class to bring a claim of discrimination under Title VII.
Ms. Muldrow was a plainclothes female officer in the St. Louis Police Department (“SLPD”) assigned to the Intelligence Division. Muldrow’s specialized position in the Intelligence Division provided her with an unmarked take-home vehicle, a Monday-Friday work schedule, access to senior officials in the department, and high-level work in the Intelligence Division.
Against her wishes, the SLPD transferred Muldrow to a different unit as a uniformed officer working with neighborhood patrol officers and replaced her position in the Intelligence Division with a male officer. Muldrow’s rank and pay did not change, but she lost a take-home vehicle, had to work weekend shifts, and lost access to senior officials in the department. In short, the involuntary transfer significantly changed the terms and conditions of Muldrow’s job with the SLPD.
Muldrow sued the SLPD for discrimination under Title VII. The lower court ruled against Muldrow and claimed that she could not show that the job transfer caused her a “materially significant disadvantage,” and did not result in a reduction to her rank, title, salary, or benefits. The lower court reasoned that Muldrow’s transfer was merely inconvenient and caused only minor changes in terms and conditions of her employment, not significant harm.
The Supreme Court’s ruling in Muldrow reaffirms Title VII’s protections against employment discrimination based on race, color, religion, sex, [gender], or national origin, even where an employee is not significantly, seriously or substantially harmed.
If you believe you have been discriminated against by your employer based on a protected class under Title VII or for more information about your rights under Title VII, please contact us.