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SUPREME COURT OF THE UNITED STATES
_________________
No. 22–193
_________________
Jatonya Clayborn Muldrow, PETITIONER
v.
City of St. Louis, Missouri, et al.
on writ of certiorari to the united states
court of appeals for the eighth circuit
[April 17, 2024]
Justice Kagan delivered the opinion of the
Court.
Sergeant Jatonya Clayborn Muldrow maintains that
her employer, the St. Louis Police Department, transferred her from
one job to another because she is a woman. She sued the City of St.
Louis under Title VII, alleging that she had suffered sex
discrimination with respect to the “terms [or] conditions” of her
employment. 42 U. S. C. §2000e–2(a)(1). The courts below
rejected the claim on the ground that the transfer did not cause
Muldrow a “significant” employment disadvantage. Other courts have
used similar standards in addressing Title VII suits arising from
job transfers.
Today, we disapprove that approach. Although an
employee must show some harm from a forced transfer to prevail in a
Title VII suit, she need not show that the injury satisfies a
significance test. Title VII’s text nowhere establishes that high
bar.
I
From 2008 through 2017, Sergeant Muldrow
worked as a plainclothes officer in the St. Louis Police
Department’s specialized Intelligence Division. During her tenure
there, she investigated public corruption and human trafficking
cases, oversaw the Gang Unit, and served as head of the Gun Crimes
Unit. By virtue of her Division position, Muldrow was also
deputized as a Task Force Officer with the Federal Bureau of
Investigation—a status granting her, among other things, FBI
credentials, an unmarked take-home vehicle, and the authority to
pursue investigations outside St. Louis. In 2017, the outgoing
commander of the Intelligence Division told her newly appointed
successor that Muldrow was a “workhorse”—still more, that “if there
was one sergeant he could count on in the Division,” it was
Muldrow. 2020 WL 5505113, *1 (ED Mo., Sept. 11, 2020).
But the new Intelligence Division commander,
Captain Michael Deeba, instead asked the Department to transfer
Muldrow out of the unit. Deeba wanted to replace Muldrow—whom he
sometimes called “Mrs.” rather than the customary “Sergeant”—with a
male police officer. See
id., at *1–*2. That officer, Deeba
later testified, seemed a better fit for the Division’s “very
dangerous” work.
Id., at *2; App. 139. The Department
approved the transfer against Muldrow’s wishes. It reassigned her
to a uniformed job in the Department’s Fifth District.
While Muldrow’s rank and pay remained the same
in the new position, her responsibilities, perks, and schedule did
not. Instead of working with high-ranking officials on the
departmental priorities lodged in the Intelligence Division,
Muldrow now supervised the day-to-day activities of neighborhood
patrol officers. Her new duties included approving their arrests,
reviewing their reports, and handling other administrative matters;
she also did some patrol work herself. Because she no longer served
in the Intelligence Division, she lost her FBI status and the car
that came with it. And the change of jobs made Muldrow’s workweek
less regular. She had worked a traditional Monday-through-Friday
week in the Intelligence Division. Now she was placed on a
“rotating schedule” that often involved weekend shifts. 2020 WL
5505113, *2.
Muldrow brought this Title VII suit to challenge
the transfer. Her complaint alleged that the City, in ousting her
from the Intelligence Division, had “discriminate[d] against” her
based on sex “with respect to” the “terms [or] conditions” of her
employment. §2000e–2(a)(1). In later deposition testimony, Muldrow
set out her view of what the transfer had cost her. She had been
moved out of a “premier position [in] the Police Department” into a
less “prestigious” and more “administrative” uniformed role. App.
105, 114, 120. She had fewer “opportunities” to work on “important
investigations,” as well as to “network” with commanding officers.
Id., at 104. And she lost material benefits—her weekday work
schedule and take-home car. Or as she summarized the situation: “I
went from straight days, weekends off with a take-home car and more
visibility and responsibility within the Department to a rotating
schedule with few weekends off, assigned to . . .
uniformed patrol,” with “responsibilities being limited to that of
administrative work” and “supervising officers on patrol.”
Id., at 120. Title VII, Muldrow asserted in her suit,
prevented the City from making those changes to her employment
because of her sex.
The District Court, viewing the matter
differently, granted the City summary judgment. Under Circuit
precedent, the court explained, Muldrow needed to show that her
transfer effected a “significant” change in working conditions
producing “material employment disadvantage.” 2020 WL 5505113,
*8–*9. And Muldrow, the court held, could not meet that
heightened-injury standard. “[S]he experienced no change in salary
or rank.”
Id., at *9. Her loss of “the networking
[opportunities] available in Intelligence” was immaterial because
she had not provided evidence that it had harmed her “career
prospects.”
Id., at *8. And given her continued “supervisory
role,” she had not “suffered a significant alteration to her work
responsibilities.”
Id., at *9. Finally, the District Court
concluded that the switch to a rotating schedule (including weekend
work) and the loss of a take-home vehicle could not fill the gap.
Although mentioning those changes “in her statement of facts,”
Muldrow had not relied on them in “her argument against summary
judgment.”
Ibid., n. 20. And anyway, the court stated,
they “appear to be minor alterations of employment, rather than
material harms.”
Ibid.
The Court of Appeals for the Eighth Circuit
affirmed. It agreed that Muldrow had to—but could not—show that the
transfer caused a “materially significant disadvantage.” 30 F. 4th
680, 688 (2022). Like the District Court, the Eighth Circuit
emphasized that the transfer “did not result in a diminution to her
title, salary, or benefits.”
Id., at 688–689. And the
Circuit, too, maintained that the change in her job
responsibilities was “insufficient” to support a Title VII claim.
Id., at 689. In the Fifth District, the court reasoned,
Muldrow still had a “supervisory role” and participated in
investigating serious crimes.
Id., at 688. So the court
thought Muldrow’s view of the new job—“more administrative and less
prestigious”—was unsupported by record evidence and not
“persuasive.”
Ibid. The court did not address Muldrow’s new
schedule or her loss of a car, apparently thinking those matters
either forfeited or too slight to mention. Overall, the court held,
Muldrow’s claim could not proceed because she had experienced “only
minor changes in working conditions.”
Ibid.
We granted certiorari, 600 U. S. ___
(2023), to resolve a Circuit split over whether an employee
challenging a transfer under Title VII must meet a heightened
threshold of harm—be it dubbed significant, serious, or something
similar.[
1] We now vacate the
judgment below because the text of Title VII imposes no such
requirement.
II
A
Title VII makes it unlawful for an employer
“to fail or refuse to hire or to discharge any individual, or
otherwise to discriminate against any individual with respect to
his compensation, terms, conditions, or privileges of employment,
because of such individual’s race, color, religion, sex, or
national origin.” §2000e–2(a)(1). Muldrow’s suit, as described
above, alleges that she was transferred to a lesser position
because she is a woman. That transfer, as both parties agree,
implicated “terms” and “conditions” of Muldrow’s employment,
changing nothing less than the what, where, and when of her police
work. See Brief for Muldrow 19; Brief for City 1, 45–46. So the
statutory language applicable to this case prohibits
“discriminat[ing] against” an individual “with respect to” the
“terms [or] conditions” of employment because of that individual’s
sex.
That language requires Muldrow to show that the
transfer brought about some “disadvantageous” change in an
employment term or condition.
Oncale v.
Sundowner
Offshore Services, Inc.,
523 U.S.
75, 80 (1998). The words “discriminate against,” we have
explained, refer to “differences in treatment that injure”
employees.
Bostock v.
Clayton County, 590 U.S. 644,
681 (2020). Or otherwise said, the statute targets practices that
“treat[ ] a person worse” because of sex or other protected
trait.
Id., at 658. And in the typical transfer case, that
“worse” treatment must pertain to—must be “with respect
to”—employment “terms [or] conditions.” §2000e–2(a)(1). The “terms
[or] conditions” phrase, we have made clear, is not used “in the
narrow contractual sense”; it covers more than the “economic or
tangible.”
Oncale, 523 U. S., at 78;
Meritor Savings
Bank, FSB v.
Vinson,
477 U.S.
57, 64 (1986). Still, the phrase circumscribes the injuries
that can give rise to a suit like this one. To make out a Title VII
discrimination claim, a transferee must show some harm respecting
an identifiable term or condition of employment.
What the transferee does not have to show,
according to the relevant text, is that the harm incurred was
“significant.” 30 F. 4th, at 688. Or serious, or substantial, or
any similar adjective suggesting that the disadvantage to the
employee must exceed a heightened bar. See
supra, at 4, and
4–5, n. 1. “Discriminate against” means treat worse, here
based on sex. See,
e.g.,
Bostock, 590 U. S., at
657–658, 681. But neither that phrase nor any other says anything
about how much worse. There is nothing in the provision to
distinguish, as the courts below did, between transfers causing
significant disadvantages and transfers causing not-so-significant
ones. And there is nothing to otherwise establish an elevated
threshold of harm. To demand “significance” is to add words—and
significant words, as it were—to the statute Congress enacted. It
is to impose a new requirement on a Title VII claimant, so that the
law as applied demands something more of her than the law as
written.
And that difference can make a real difference
for complaining transferees. Many forced transfers leave workers
worse off respecting employment terms or conditions. (After all, a
transfer is not usually forced when it leaves the employee better
off.) But now add another question—whether the harm is significant.
As appellate decisions reveal, the answers can lie in the eye of
the beholder—and can disregard varied kinds of disadvantage. Take
just a few examples from the caselaw. An engineering technician is
assigned to work at a new job site—specifically, a 14-by-22-foot
wind tunnel; a court rules that the transfer does not have a
“significant detrimental effect.”
Boone v.
Goldin,
178 F.3d 253, 256 (CA4 1999). A shipping worker is required to
take a position involving only nighttime work; a court decides that
the assignment does not “constitute a
significant change in
employment.”
Daniels v.
United Parcel Serv., Inc.,
701 F.3d 620, 635 (CA10 2012). And a school principal is forced
into a non-school-based administrative role supervising fewer
employees; a court again finds the change in job duties not
“significant.”
Cole v.
Wake Cty. Bd. of Educ., 834
Fed. Appx. 820, 821 (CA4 2021) (
per curiam). All those
employees suffered some injury in employment terms or conditions
(allegedly because of race or sex). Their claims were rejected
solely because courts rewrote Title VII, compelling workers to make
a showing that the statutory text does not require.[
2]
B
The City, in defense of that added
requirement, makes three main arguments—one about the text, one
about our precedent, and one about policy. None justifies the use
of a “significance” standard.
The textual claim invokes the
ejusdem
generis canon—the idea that a general phrase following an
enumeration of things should be read to encompass only things of
the same basic kind. Recall the prohibition at issue here: An
employer may not, based on sex, “fail or refuse to hire” or
“discharge” any person or “otherwise . . . discriminate
against [her] with respect to [her] compensation, terms,
conditions, or privileges of employment.” §2000e–2(a)(1); see
supra, at 5. Refusing to hire or discharging a person, the
City notes, causes a significant disadvantage; so the subsequent
“otherwise” phrase, the City claims, can apply only to things
causing an equal level of harm. See Brief for City 16, 25–27. But
the City fails to explain why the presence of significant
disadvantage must be part of the list’s common denominator. The
text itself provides a different shared trait. Each kind of
prohibited discrimination occurs by way of an employment
action—whether pertaining to hiring, or firing, or compensating, or
(as here) altering terms or conditions through a transfer. That is
a more than sufficient basis to unite the provision’s several parts
and avoid
ejusdem generis problems. There is no need for
courts to introduce a significant-harm requirement.
The City’s argument from precedent fares no
better. It relies on
Burlington Northern & Santa Fe
Railway Co. v.
White,
548 U.S.
53 (2006), which addressed Title VII’s separate
anti-retaliation provision. Under that section, an employer may not
take action against an employee for bringing or aiding a Title VII
charge. See §2000e–3(a). The Court held that the provision applies
only when the retaliatory action is “materially adverse,” meaning
that it causes “significant” harm.
Id., at 68. The City
thinks we should import the same standard into the
anti-discrimination provision at issue. See Brief for City 18–19.
But that would create a mismatch.
White adopted the standard
for reasons peculiar to the retaliation context. The test was meant
to capture those (and only those) employer actions serious enough
to “dissuade[ ] a reasonable worker from making or supporting
a charge of discrimination.” 548 U. S., at 68. If an action
causes less serious harm, the Court reasoned, it will not deter
Title VII enforcement; and if it will not deter Title VII
enforcement, it falls outside the purposes of the ban on
retaliation. See
id., at 63, 68. But no such (frankly
extra-textual) reasoning is applicable to the discrimination bar.
Whether an action causes significant enough harm to deter any
employee conduct is there beside the point.
White itself
noted the difference: The anti-discrimination provision, we
explained, simply “seeks a workplace where individuals are not
discriminated against” because of traits like race and sex.
Id., at 63. The provision thus flatly “prevent[s] injury to
individuals based on” status,
ibid., without distinguishing
between significant and less significant harms.
Finally, the City’s policy objections cannot
override Title VII’s text. In the City’s view, a significant-injury
requirement is needed to prevent transferred employees from
“swamp[ing] courts and employers” with insubstantial lawsuits
requiring “burdensome discovery and trials.” Brief for City 45, 49
(capitalization and boldface omitted). But there is reason to doubt
that the floodgates will open in the way feared. As we have
explained, the anti-discrimination provision at issue requires that
the employee show some injury. See
supra, at 5–6. It
requires that the injury asserted concern the terms or conditions
of her employment. See
ibid. Perhaps most notably, it
requires that the employer have acted for discriminatory
reasons—“because of ” sex or race or other protected trait.
§2000e–2(a)(1). And in addressing that issue, a court may consider
whether a less harmful act is, in a given context, less suggestive
of intentional discrimination. So courts retain multiple ways to
dispose of meritless Title VII claims challenging transfer
decisions. But even supposing the City’s worst predictions come
true, that would be the result of the statute Congress drafted. As
we noted in another Title VII decision, we will not “add words to
the law” to achieve what some employers might think “a desirable
result.”
EEOC v.
Abercrombie & Fitch Stores,
Inc.,
575 U.S.
768, 774 (2015). Had Congress wanted to limit liability for job
transfers to those causing a significant disadvantage, it could
have done so. By contrast, this Court does not get to make that
judgment.
III
In light of everything said above, the Court
of Appeals’ treatment of Muldrow’s suit cannot survive. The court
required Muldrow to show that the allegedly discriminatory transfer
out of the Intelligence Division produced a significant employment
disadvantage. See
supra, at 4. As we have explained, that is
the wrong standard. Muldrow need show only some injury respecting
her employment terms or conditions. The transfer must have left her
worse off, but need not have left her significantly so. And
Muldrow’s allegations, if properly preserved and supported, meet
that test with room to spare. Recall her principal allegations. She
was moved from a plainclothes job in a prestigious specialized
division giving her substantial responsibility over priority
investigations and frequent opportunity to work with police
commanders. She was moved to a uniformed job supervising one
district’s patrol officers, in which she was less involved in
high-visibility matters and primarily performed administrative
work. Her schedule became less regular, often requiring her to work
weekends; and she lost her take-home car. If those allegations are
proved, she was left worse off several times over. It does not
matter, as the courts below thought (and Justice Thomas echoes),
that her rank and pay remained the same, or that she still could
advance to other jobs. See
supra, at 3–4;
post, at 2.
Title VII prohibits making a transfer, based on sex, with the
consequences Muldrow described.
We recognize, however, that the decisions below
may have rested in part on issues of forfeiture and proof. The
District Court noted, for example, that Muldrow had failed to
discuss in her argument against summary judgment the changes in her
work schedule and vehicle access; and perhaps following that lead,
the Court of Appeals did not address those harms. See
supra,
at 3–4. In addition, both courts suggested that some of the
allegations Muldrow made about the nature of the work she did in
her old and new jobs lacked adequate evidentiary support. See
ibid. We leave such matters for the courts below to address.
All we require is that they use the proper Title VII standard, and
not demand that Muldrow demonstrate her transfer caused
“significant” harm.
We accordingly vacate the judgment of the Court
of Appeals for the Eighth Circuit and remand the case for further
proceedings consistent with this opinion.
It is so ordered.
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