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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
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 ...