No. 22-193

Jatonya Clayborn Muldrow v. City of St. Louis, Missouri, et al.

Lower Court: Eighth Circuit
Docketed: 2022-08-31
Status: Judgment Issued
Type: Paid
CVSGAmici (15)Response RequestedResponse WaivedRelisted (4) Experienced Counsel
Tags: circuit-split civil-rights civil-rights-act employment-discrimination job-transfer material-disadvantage materially-significant-disadvantages statutory-interpretation title-vii
Key Terms:
SocialSecurity ERISA Securities EmploymentDiscrimina JusticiabilityDoctri
Latest Conference: 2023-06-29 (distributed 4 times)
Question Presented (AI Summary)

Does Title VII prohibit discrimination as to all 'terms, conditions, or privileges of employment,' or is its reach limited to discriminatory employer conduct that courts determine causes materially significant disadvantages for employees?

Question Presented (from Petition)

QUESTION PRESENTED Title VII of the Civil Rights Act of 1964 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 “compensation, terms, conditions, or privileges of employment” on the basis of race, color, religion, sex, or national origin. 42 U.S.C. § 2000e-2(a)(1). The Eighth Circuit below followed binding circuit precedent to hold that discriminatory job transfers (and denials of requested transfers) are lawful under Title VII when they do not impose “materially significant disadvantages” on employees. The question presented is: Does Title VII prohibit discrimination as to all “terms, conditions, or privileges of employment,” or is its reach limited to discriminatory employer conduct that courts determine causes materially significant disadvantages for employees?

Docket Entries

2024-08-19
Record returned to the United States Court of Appeals for the Eighth Circuit.
2024-05-20
Judgment Issued.
2024-04-17
Judgment VACATED and case REMANDED. Kagan, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/23pdf/22-193_q86b.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Sotomayor, Gorsuch, Barrett, and Jackson, JJ., joined. Thomas, J., Alito, J., and Kavanaugh, J., each filed an opinion concurring in the judgment.
2023-12-06
Argued. For petitioner: Brian Wolfman, Washington, D. C.; and Aimee W. Brown, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Robert M. Loeb, Washington, D. C.
2023-11-29
Record received from the United States Court of Appeals for the Eighth Circuit. The record is available with the Clerk (one box).
2023-11-09
2023-10-30
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
2023-10-19
CIRCULATED
2023-10-18
Brief amici curiae of National School Boards Association, AASA, The Superintendents Association, and Association of School Business Officials International filed. (Distributed)
2023-10-18
Brief amicus curiae of The Society for Human Resource Management filed. (Distributed)
2023-10-18
Brief amici curiae of Chamber of Commerce of the United States of America, National Federation of Independent Business Small Business Legal Center, Inc., Restaurant Law Center, Inc., and National Retail Federation filed. (Distributed)
2023-10-18
2023-10-18
Brief amici curiae of Local Government Legal Center, National Association of Counties, National League of Cities, and International Municipal Lawyers Association filed. (Distributed)
2023-10-17
Record requested from the United States Court of Appeals for the Eighth Circuit.
2023-10-12
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
2023-10-12
SET FOR ARGUMENT on Wednesday, December 6, 2023.
2023-10-11
2023-09-05
2023-09-05
Brief amici curiae of Constitutional Accountability Center, et al. filed.
2023-09-05
Brief amici curiae of District of Columbia, et al. in support of neither party filed.
2023-09-05
Brief amicus curiae of United States filed.
2023-09-01
Brief amici curiae of The Legal Aid Society and The National Employment Law Project filed.
2023-09-01
Brief amici curiae of The National Employment Lawyers Association, et al. filed.
2023-08-31
Brief amici curiae of Professor Suja A. Thomas, et al. filed.
2023-08-28
Joint appendix filed. (Statement of costs filed)
2023-08-28
2023-07-19
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 28, 2023. The time to file respondents' brief on the merits is extended to and including October 11, 2023.
2023-07-07
Motion for an extension of time within which to file the briefs on the merits filed.
2023-06-30
Petition GRANTED limited to the following question: Does Title VII prohibit discrimination in transfer decisions absent a separate court determination that the transfer decision caused a significant disadvantage?
2023-06-29
DISTRIBUTED for Conference of 6/29/2023.
2023-06-06
DISTRIBUTED for Conference of 6/22/2023.
2023-06-01
Supplemental brief of respondents City of St. Louis, Missouri, et al. filed.
2023-05-18
Brief amicus curiae of United States filed.
2023-01-09
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
2022-12-21
DISTRIBUTED for Conference of 1/6/2023.
2022-12-20
2022-12-19
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2022-12-12
Brief of respondents City of St. Louis, Missouri, et al. in opposition filed.
2022-11-01
Motion to extend the time to file a response is granted and the time is extended to and including December 12, 2022.
2022-10-31
Motion to extend the time to file a response from November 10, 2022 to December 12, 2022, submitted to The Clerk.
2022-10-11
Response Requested. (Due November 10, 2022)
2022-10-05
DISTRIBUTED for Conference of 10/28/2022.
2022-09-30
2022-09-30
Brief amicus curiae of National Employment Lawyers Association filed.
2022-09-28
Waiver of right of respondent City of St. Louis, et al. to respond filed.
2022-08-29
Petition for a writ of certiorari filed. (Response due September 30, 2022)
2022-06-21
Application (21A835) granted by Justice Kavanaugh extending the time to file until September 1, 2022.
2022-06-15
Application (21A835) to extend the time to file a petition for a writ of certiorari from July 3, 2022 to September 1, 2022, submitted to Justice Kavanaugh.

Attorneys

Chamber of Commerce of the United States of America, National Federation of Independent Business Small Business Legal Center, Inc., Restaurant Law Center, Inc., and National Retail Federation
Lucas Cody TownsendGibson, Dunn & Crutcher LLP, Amicus
Lucas Cody TownsendGibson, Dunn & Crutcher LLP, Amicus
City of St. Louis
Sheena Renee HamiltonCity of St. Louis Civil Law Department, Respondent
Sheena Renee HamiltonCity of St. Louis Civil Law Department, Respondent
City of St. Louis, Missouri, et al.
Robert Mark LoebOrrick, Herrington & Sutcliffe LLP, Respondent
Robert Mark LoebOrrick, Herrington & Sutcliffe LLP, Respondent
Constitutional Accountability Center
Brianne Jenna GorodConstitutional Accountability Center, Amicus
Brianne Jenna GorodConstitutional Accountability Center, Amicus
Constitutional Accountability Center, American Civil Liberties Union, and American Civil Liberties Union of Missouri
Brianne Jenna GorodConstitutional Accountability Center, Amicus
District of Columbia, et al.
Caroline Sage Van ZileOffice of the Attorney General for D.C., Amicus
Caroline Sage Van ZileOffice of the Attorney General for D.C., Amicus
Jatonya Clayborn Muldrow
Brian WolfmanGeorgetown Law Appellate Courts Immersion Clinic, Petitioner
Brian WolfmanGeorgetown Law Appellate Courts Immersion Clinic, Petitioner
Local Government Legal Center, National Association of Counties, National League of Cities, and International Municipal Lawyers Association
Amanda Kellar KarrasInternational Municipal Lawyers Association, Amicus
Amanda Kellar KarrasInternational Municipal Lawyers Association, Amicus
National Employment Lawyers Association
Carolyn L. WheelerKatz Banks Kumin LLP, Amicus
National School Boards Association, AASA, The Superintendents Association, and Association of School Business Officials International
Francisco Maria Negron Jr.National School Boards Association, Amicus
Francisco Maria Negron Jr.National School Boards Association, Amicus
National Treasury Employees Union
Julie Marie Wilson — Amicus
Julie Marie Wilson — Amicus
Professor Suja A. Thomas, et al.
Suja Aley ThomasUniversity of Illinois College of Law, Amicus
Suja Aley ThomasUniversity of Illinois College of Law, Amicus
State of Arkansas, et al.
Nicholas Jacob BronniSolicitor General of Arkansas, Amicus
Nicholas Jacob BronniSolicitor General of Arkansas, Amicus
The Legal Aid Society and The National Employment Law Project
James Patrick DavyAll Rise Trial & Appellate, Amicus
James Patrick DavyAll Rise Trial & Appellate, Amicus
The National Employment Lawyers Association, The NAACP Legal Defense and Educational Fund, Inc., and The National Women’s Law Center
Carolyn L. WheelerKatz Banks Kumin LLP, Amicus
Carolyn L. WheelerKatz Banks Kumin LLP, Amicus
The Society for Human Resource Management
Richard B. LappSeyfarth Shaw LLP, Amicus
Richard B. LappSeyfarth Shaw LLP, Amicus
United States
Elizabeth B. PrelogarSolicitor General, Amicus
Elizabeth B. PrelogarSolicitor General, Amicus