patrick.net

Workplace discrimination due to sex or other protected characteristics -- like race, color, religion or national origin -- is illegal, but courts across the country have disagreed about how substantial the unequal treatment must be to merit a legal claim. In this case, the city argued that Muldrow's lateral move at the same pay grade wasn't significantly harmful enough to meet the standard.

The Supreme Court disagreed, saying an employee just needed to show "some harm" under the terms of their employment, but it doesn't need to be "material," "substantial" or "serious." The decision makes it easier for workers to sue over discriminatory job transfers.

Some employment lawyers say the same reasoning could be carried over to workplace development programs or employee resource groups designed to benefit traditionally underrepresented cohorts: for example, a fellowship that only accepts Hispanic students or a leadership program only open to women.