Constangy partner Robin Shea recently spoke with Legal Dive on the Supreme Court's ruling in Muldrow v. City of St. Louis. The Court determined that employees need only prove they suffered "some harm" from being transferred based on their sex, race, or another protected trait for the transfer to be considered discrimination.
This ruling could lead to an influx of discrimination claims from employees who have been transferred and has already been cited by the Equal Employment Opportunity Committee (EEOC). In a concurring opinion, Justice Samuel Alito pointed out the ambiguity of the standard saying, “I have no idea what that means.” Robin agrees adding, “What is a little bit of harm?”
Overall, employers should exercise caution when considering employee transfers, ensure transfers are well-documented, and consult employment counsel when making these decisions. “Lots of companies just transfer people to get employees out of the way and transfer away problems instead of dealing with them in a constructive way,” says Robin. “I’ve never liked the idea of transferring somebody, but now there is a stronger way to persuade clients to think twice.”
To read the full article on Legal Dive's website, click here.
Robin Shea is a partner at Constangy's Winston-Salem office with over 30 years of experience in employment law. She advises organizations on compliance with Title VII, ADA, ADEA, FMLA, EPA, and similar state laws, representing them before government agencies and in litigation. Robin also conducts training for HR professionals, management, and employees. She serves as editor-in-chief of Constangy's legal bulletins and its blogs: Affirmative Action Alert, California Snapshot, Cyber Advisor, and Employment & Labor Insider.