Justices Signal Expanded Shield Against Biased Job Transfers (1)

December 6, 2023, 6:16 PM UTCUpdated: December 6, 2023, 8:46 PM UTC

The US Supreme Court indicated during oral argument in an employment bias case that it views job transfers based on race, sex, or other protected traits as violations of federal anti-discrimination law, even if they don’t materially harm the transferred workers.

Congress created a prohibition on treating a worker worse than another worker because of their race or sex, regardless if that negative treatment is relatively minor, Justice Neil Gorsuch said during Wednesday’s argument.

“Once the courts get into the business of asking whether the injury is material or a reasonable person would be offended by it, that’s a whole ...

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