Summary: This article discusses the holding and implications of the Supreme Court decision in Muldrow v. City of St. Louis.
In the U.S. Supreme Court’s April 17, 2024, decision in Muldrow v. City of St. Louis, the Court reversed a lower court decision dismissing a police officer’s lawsuit over being transferred to a worse position because of sex. This reinstated her case. In concert with the Fifth Circuit’s decision in Hamilton v. Dallas County, 79 F.4th 494 (5th Cir. 2023), Muldrow hopefully represents a coming trend of courts finally rolling back decades of judge-made roadblocks to employees’ abilities to enforce their civil rights. Courts applying the law as written should give employees greater protections by removing opportunities for judges’ preconceptions or assumptions (often about people in very different circumstances from themselves) to get mixed into their rulings.
In Muldrow, the lower appellate court (the Eighth Circuit) decided that because Ms. Muldrow’s transfer did not change her rank or pay, she could not prove discrimination even if she really was transferred because of her sex. Although there was evidence the new position Ms. Muldrow was moved to was less prestigious within the department, had fewer responsibilities and perks, came with a worse schedule, and required her to give up her work vehicle, the Eighth Circuit reached that decision because it did not think those changes were “significant” enough to constitute discrimination.