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How much harm is enough? Transfer supports Title VII discrimination claim

May 2024 employment law letter
Authors: 

Mark Schickman, Schickman Law

In a recent U.S. Supreme Court decision, there was no question that the complaining employee was moved out of her position because of her gender, but she suffered no loss of pay or rank. So the Court had to determine whether she was still able to maintain an employment discrimination claim under Title VII of the Civil Rights Act of 1964.

You are not man enough for this job

From 2008 through 2017, Sergeant Jatonya Clayborn Muldrow worked as a plainclothes officer in the St. Louis Police Department’s specialized Intelligence Division. During her tenure there, she investigated public corruption and human trafficking cases, oversaw the Gang Unit, and served as head of the Gun Crimes Unit.

By virtue of her position, Muldrow was also deputized as a Task Force Officer with the Federal Bureau of Investigation—a status granting her FBI credentials, an unmarked vehicle she could take home, and the authority to pursue investigations outside St. Louis.

In 2017, the outgoing commander of the Intelligence Division told her newly appointed successor that Muldrow was a “workhorse”—still more, that “if there was one sergeant he could count on in the division,” it was Muldrow.

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