Title VII of the 1964 Civil Rights Act prohibits discrimination in the terms or conditions of employment on the basis of gender, race, color, national origin, or religion. In Muldrow v. City of St. Louis, 144 S. Ct. 967 (2024), the U.S. Supreme Court recently rejected the judicially created standard that an employer can only be liable for discriminatory conduct if that conduct significantly affects “ultimate employment decisions or status” such as hiring, promotions or compensation. 

In a unanimous decision, Justice Elena Kagan explained that it is appropriate to reduce the burden of proof imposed upon employees to demonstrate discrimination violative of Title VII because the statute does not require proof of a heightened level of impact of a challenged policy; rather, it only requires a showing of some harm to the employee.