Title VII Discrimination Doesn’t Require Substantial Harm

May 09, 2024 | From HRCalifornia Extra

by Matthew J. Roberts, J.D.; Associate General Counsel for Labor and Employment, CalChamber

Title VII of the Civil Rights Act of 1964 is one of several federal laws that applies to employers with 15 or more employees and provides those employees with protections from discrimination in their jobs on the basis of a protected class, such as the employee’s race, color, religion, sex or national origin.

Typically, discrimination manifests in a negative personnel action such as termination of employment, demotion, suspension, denial of promotion or a failure to be hired.

On April 17, 2024, however, the U.S. Supreme Court issued a decision confirming that an employee need not experience substantial harm to their employment in order to bring a Title VII discrimination lawsuit (Muldrow v. City of St. Louis, Missouri, No. 22-193 (April 17, 2024)).

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