Biden Department of Justice Argues that Lateral Transfers Should Serve as a Hook for Discrimination Claims
While it has closed its doors for the summer, the Supreme Court has already hinted at what its next term may hold for employers—including a potential new hook for discrimination claims. Discrimination claims require an employee to identify an?adverse action?stemming from the alleged discrimination, like losing a job or receiving a suspension. Historically, lateral transfers have not qualified as adverse action so long as the transfer does not include slashed pay or benefits or significantly different responsibilities.
That engrained understanding may soon change. In 2017, after a shake-up at the St. Louis Police Department, Sergeant Jatonya Muldrow was transferred from the department’s intelligence division to a patrol assignment. While Sgt. Muldrow believed the transfer was based on sex discrimination and viewed her new role as less prestigious, “her pay and rank remained the same,” and the transfer “did not harm her future career prospects.” Based on that testimony, the District Court dismissed Sgt. Muldrow’s discrimination claim and the Eighth Circuit Court of Appeals?affirmed, reiterating that under its existing?law, a reassignment does not constitute adverse?employment?action “absent proof of harm resulting from that reassignment.”
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When Sgt. Muldrow sought review from the Supreme Court, the Court invited input from the Department of Justice (DOJ). In?response, the DOJ asked the Court to reverse the Eighth Circuit’s decision and hold that “all?forced job transfers” that are grounded in discrimination are actionable. On June 30, the Court granted Sgt. Muldrow’s petition and agreed to consider whether Title VII prohibits discriminatory transfers even when a district court has not found that the transfer “caused a significant disadvantage.”
Employers should watch the case carefully. If the Supreme Court sides with Sgt. Muldrow and the Biden DOJ, employers will need to show extra vigilance in ensuring that lateral transfers are not tainted by discriminatory motives.
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11 个月Why is the DOJ allowing the Credit Union Cartel (the Profiteers of Tax-Exempt Banking) to use their tax-exempt revenues to have attorneys as officers of the court, defraud state and federal courts over eight years to conceal financial institution and other crimes by, credit unions and their mutual insurer owned by 5,000 other credit unions, and by others on their behalf, and use three federal judges to conceal it? This is why tax-exempt status for credit unions must be revoked and the NCUA disbanded. More at... https://www.scribd.com/document/691915632/Evidence-Proving-Corruption-of-the-Federal-Judiciary-by-the-Credit-Union-Cartel-the-Profiteers-of-Tax-Exempt-Banking The Credit Union Cartel - https://vimeo.com/manage/videos/656256815 and https://www.dhirubhai.net/groups/14221041/