The US Supreme Court has granted certiorari in Muldrow v. St. Louis (US Supreme Ct cert granted 06/30/2023) [Briefs].

The formal issue is: "Does Title VII prohibit discrimination in transfer decisions absent a separate court determination that the transfer decision caused a significant disadvantage?"

Federal Circuit Courts are hopelessly divided on this important question.

The facts in the case are simple. Muldrow was transferred to a different job (she says because of sex). The duties were different, but there was no change in pay and no negative effect on future career prospects. The 8th Circuit held that this was not a Title VII violation because there was no "material adverse action."

But here's the problem – Title VII's text says nothing about "adverse employment action" or "material adverse action." Those ideas have been invented by the lower courts.

Title VII does say:
"It shall be an unlawful employment practice for an employer - (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin."

In case you haven't noticed, the Supreme Court is usually not happy about courts adding requirements that Congress did not add. Pretty simple.

Look for oral arguments in the fall of 2023, and a decision in 2024.