7th Circuit treatment confirms lowered adverse action standard not a free-for-all

Just over two years have passed since the U.S. Supreme Court overruled precedent on the issue of adverse employment actions in Title VII of the Civil Rights Act of 1964 employment discrimination cases in its seminal decision in Muldrow v. City of St. Louis. Even under Muldrow’s more generous standard, the U.S. 7th Circuit Court of Appeals (whose rulings apply to all employers in Wisconsin, Illinois, and Indiana) has continued to affirm summary judgment dismissal decisions (dismissal without a trial) when an employee fails to demonstrate an adverse employment action.

Muldrow overview

To demonstrate employment discrimination under Title VII, an employee must prove they suffered an adverse employment action. Historically, the 7th Circuit has required employees to demonstrate that they suffered a significant or material adverse action. 

On April 17, 2024, the Muldrow opinion clarified that an employee need only demonstrate some injury.

7th Circuit treatment of Muldrow in summary judgment cases

In the two years since Muldrow, the 7th Circuit has made clear that while Muldrow lowers the bar for employees, they still must demonstrate some harm affecting identifiable terms and conditions of their employment. The 7th Circuit has affirmed summary judgment despite Muldrow’s updated standard when an employee failed to demonstrate an adverse employment action in the following cases: