Human Resources: Supreme Court Lowers the Bar of “Harm” for Employment Discrimination.

Human Resources: Supreme Court

The U.S. Supreme Court recently decided that job transfers linked to discrimination, even if they cause some harm rather than significant injury, can be challenged under Title VII of the Civil Rights Act of 1964. This new "some harm" standard, established in a ruling written by Justice Elena Kagan, is expected to increase Title VII litigation as it sets a relatively low bar. Legal experts anticipate heightened HR involvement in decision-making processes due to this ruling, which overturns the requirement of significant or material harm previously upheld by several circuit courts. The case involved a female police officer transferred from a specialized Intelligence Division to a different role, allegedly due to her gender. While the transfer didn't change her rank or pay, it altered her responsibilities, perks, and schedule. The Supreme Court's decision emphasizes that a transferee only needs to demonstrate some harm regarding an identifiable term or condition of employment to support a Title VII claim, rather than a significant disadvantage. This ruling impacts HR professionals, who now need to carefully analyze potential employment actions for any harmful repercussions on employees, even if the changes seem insignificant initially, ensuring transparency and fairness in workplace decisions.

 This interpretation by the Supreme Court could have broad implications for employer-employee relations. It suggests that any action an employer takes that could be perceived as detrimental to an employee's situation might be subject to scrutiny under discrimination laws. This could include changes in job responsibilities, work schedules, or perks, even if the pay doesn’t change. The key idea seems to be that any alteration in the terms or conditions of employment that negatively impacts an employee, even in a minor way, might potentially be seen as discriminatory, depending on the circumstances.

 To read the entire article: Expect More HR Involvement in Job Transfers Following Supreme Court Ruling

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