The question
Whether an employee challenging a job transfer under Title VII must show that the transfer caused a significant harm, or only some harm, to a term or condition of employment.
Muldrow v. City of St. Louis
What the Court decided
The Court vacated the Eighth Circuit's judgment and remanded. An employee challenging a job transfer under Title VII must show that the transfer brought about some harm to an identifiable term or condition of employment, but that harm need not be significant. Requiring the harm to be significant would add words to the statute Congress enacted, which prohibits discriminating against an individual with respect to the terms or conditions of employment because of sex.
How the justices split
UnanimousThe Court's opinion
Kagan, joined by Roberts, Sotomayor, Gorsuch, Barrett, Jackson
A Title VII transferee must show that the transfer caused some disadvantageous change to an identifiable term or condition of employment, but need not show the harm was significant. The words discriminate against mean treat worse, and neither that phrase nor any other in the statute establishes an elevated threshold of harm, so requiring significance would add words to the statute Congress enacted.
Concurring in the judgment
Thomas, writing alone
Filed an opinion concurring in the judgment. The syllabus does not state the reasoning of this opinion.
Concurring in the judgment
Alito, writing alone
Filed an opinion concurring in the judgment. The syllabus does not state the reasoning of this opinion.
Concurring in the judgment
Kavanaugh, writing alone
Filed an opinion concurring in the judgment. The syllabus does not state the reasoning of this opinion.
How we know · 5 sourced claims
An employee challenging a job transfer under Title VII must show the transfer brought about some harm to an identifiable term or condition of employment.
Source: syllabus, Held
The harm from a Title VII transfer need not be significant or exceed a heightened bar.
Source: syllabus, Held
Muldrow was transferred out of the Intelligence Division and reassigned to a uniformed job while her rank and pay stayed the same but her responsibilities, perks, and schedule changed.
Source: syllabus, Held
Kagan delivered the opinion of the Court, joined by Roberts, Sotomayor, Gorsuch, Barrett, and Jackson.
Source: syllabus, lineup
Thomas, Alito, and Kavanaugh each filed an opinion concurring in the judgment.
Source: syllabus, lineup