The U.S. Supreme Court recently considered when federal law bars discrimination in transferring, not firing, an employee. Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against any individual with respect to their “compensation, terms, conditions or privileges of employment, because of such individual’s race, color, religion, sex or national origin.” See 42 U.S.C. Section 2000e-2(a)(1). Lower courts have applied this prohibition unevenly to transfer decisions—some require evidence that the plaintiff’s transfer caused a material, objective harm, while others have not imposed this “harm requirement.”

The city of St. Louis Police Department transferred Jatonya Clayborn Muldrow to a new role within the department. A male officer assumed her original position. The transfer altered Muldrow’s schedule, responsibilities, and working environment, but it did not lower her rank or salary.