Supreme Court Debates Definition of Workplace Discrimination in Muldrow vs. City of St. Louis

Outcome Could Impact Interpretation of Title VII and Corporate DEI Policies

Supreme Court justices are debating the definition of workplace discrimination in the case of Muldrow vs. City of St. Louis, where a female police sergeant alleges her transfer within the department was based on her sex.
The case could potentially redefine Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment decisions. The court will decide whether discrimination in transfer decisions is prohibited, even without proof of significant disadvantage to the employee.
Federal appeals courts are divided on the interpretation of Title VII. Most require proof of material disadvantage, while others argue any forced job transfer based on discrimination of a protected status violates the statute.
Justice Neil M. Gorsuch suggested that treating someone worse because of race or sex should be enough to constitute discrimination, without needing to prove the extent of the harm.
The outcome of the case could have implications for corporate Diversity, Equity, and Inclusion (DEI) policies. If the court lowers the bar for what constitutes discrimination, it could open the door for lawsuits against DEI programs.