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Labor/Employment

May 3, 2024

SCOTUS decides that a position transfer may violate Title VII if an employee is worse off due to discriminatory reasons

Employers may need to review and document their transfer policies more carefully and be prepared to face challenges and damages claims from employees. Diversity programs may also present more risk, especially in the reverse discrimination context.

Emily Burkhardt Vicente

Partner, Hunton, Andrews & Kurth LLP

Email: ebvicente@huntonak.com

Emily is co-chair of the firm's Labor and Employment group.

Steve DiBeneditto

Associate, Hunton Andrews Kurth LLP

Shutterstock

Employers contemplating a forced transfer of a worker will need to grapple with a new standard set out by the US Supreme Court under Title VII of the Civil Rights Act of 1964, the law that makes it unlawful to discriminate against workers based on various protected characteristics. The Supreme Court in Muldrow v. City of St. Louis clarified the evidentiary standard employees must meet when asserting a discriminatory transfer claim against ...

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