Does a Transfer That Does Not Cause Significant Disadvantage Constitute Discrimination?

The US Supreme Court recently heard oral arguments on whether an employer-directed transfer that does not result in significant disadvantage, economic or otherwise, constitutes discriminatory conduct by an employer. In this case a police officer claimed that her transfer from the Department’s Intelligence Division was discriminatory although it did not result in a reduction in pay or benefits. The issue to be decided centers around whether a showing economic disadvantage is necessary to bring a discrimination claim or if the issue is relevant only in the damages phase of a discrimination claim. Muldrow v. City of St. Louis, No. 22-193, (2023)