Workers punished with discriminatory transfers waited decades for this decision.
, an important civil rights victory for employees who face discriminatory job transfers. Mark Joseph Stern and Dahlia Lithwick discuss the case in Saturday’s Slate Plus episode of. Below is a preview of their conversation, which has been edited and condensed for clarity. To listen to the full episode on Saturday,
Dahlia Lithwick: We had some good news this week, a little bright moment in the form of a Title VII case that could have gone horrifically awry but didn’t. Mark, can you tell us about it?This case is about Jatonya Muldrow, who was a police officer in St. Louis. For years, she worked an exciting job investigating public corruption and human trafficking. She oversaw the gang unit and she worked with the FBI—it was a very active job.
Muldrow filed suit under Title VII, arguing she was discriminated against on the basis of sex. But she lost at the 8U.S. Circuit Court of Appeals, which didn’t think the transfer was discriminatory. The court said a transfer doesn’t violate Title VII unless it imposes a “substantial harm” on the worker, and it didn’t see any such harm here. So, with the assistance of Brian Wolfman and students at the Georgetown Law Appellate Clinic, Muldrow took this case to the Supreme Court.
The Supreme Court’s Conservatives Just Took Direct Aim at Jack Smith’s Trump Indictment. Will They Go Through With It?on the grounds that it created a “hostile work environment” because it involved talk about race. There’s a case in the 8their religious beliefs. There’s this theory developing that just to talk about race or sex—to say, for instance, “We’re working to create more pathways to promotion for people from underrepresented backgrounds”—is illegal. That it’s all a Title VII violation.
Only Justice Brett Kavanaugh tried to push the court to go all the way here. He wrote a separate opinion saying the court should have used this case to saykind of different treatment is unlawful under Title VII. He sounded disappointed that the majority didn’t take the bait, but he was alone in that.
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