2024 Supreme Court Lowered Threshold for Harm Standards in Employee Lawsuits

The Court ruled unanimously in “Muldrow v. City of St. Louis” that an employee alleging discrimination only needed to show that they had suffered “some harm with respect to an identifiable term or condition of employment.”

The charging employee had not lost any compensation, but said that a “forced job transfer resulted in changes to her responsibilities, perks and schedule as well as an overall less prestigious role.”

As a result of that case, labor attorneys are seeing more cases where transfers, and the effects of those transfers on employees’ careers and/or psyches, are being called “damage.”

Attorneys note that this is, in effect, a “very low” threshold, meaning it is difficult for employers to overcome. Some employers, however, have successfully defended themselves against similar claims; thus, the outcome can depend upon both the circumstances in the case, the court hearing it ...and the quality of the employer’s preparation.