Job Harassment Test Unchanged by SCOTUS ‘Discrete Act’ Harm Case

Workers claiming hostile-environment harassment still must show the alleged abuse was severe or pervasive enough to alter their job conditions, the Tenth Circuit ruled Wednesday, disagreeing that a recent US Supreme Court decision eliminated that requirement.

The three-judge panel of the Denver-based appeals court rejected a contrary conclusion by a sister circuit, adding to a court divide on an issue that may ultimately been destined for the nation’s top court.

Muldrow v. City of St. Louis disavowed any need to show that a job action caused significant or substantial injury to be actionably adverse under Title VII of the ...