Justices’ New Bias Test Poised to Upend Workplace Harassment Bar

Federal courts are reconsidering a standard workers must meet for workplace harassment lawsuits, relying on a US Supreme Court ruling that lowered the threshold for the type of harm needed to support discrimination claims.

The high court’s April 2024 Muldrow v. City of St. Louis decision reshaped the anti-bias landscape under Title VII of the 1964 Civil Rights Act, allowing workers to only show they’ve experienced “some harm” that left them “worse off” regarding their employment. Muldrow also opened the door for lower courts to determine which employer actions—like terminations or denied promotions—can sustain a discrimination claim.

Since then, the ...