Mere changes in your job duties that don’t affect your pay or benefits can be considered discrimination if an employer’s motivation for the changes is based on an employee’s sex, race, skin color, national origin, or another protected characteristic.
Subtle discrimination can be challenging to prove, particularly when work-duty changes are presented as necessary for business operations. Employers might argue that these changes are made to increase efficiency or better serve the company’s goals. However, when these modifications result in employees feeling marginalized, excluded, or treated unfairly compared to their peers, it could be a sign of discriminatory practices.
Employees must be aware of their rights and understand that any consistent and unexplained changes in their job duties might constitute discrimination. This understanding is crucial for maintaining a fair and equitable work environment. It’s important to recognize these patterns early on to address them before they escalate into more severe issues.
Muldrow v. City of St. Louis
In April 2024, the United States Supreme Court (SCOTUS) ruled in Muldrow v. City of St. Louis (Muldrow) that Title VII of the Civil Rights Act of 1964 protects employees against such subtle types of discrimination even if an employer changes no additional aspect of employment, such as pay, rank, or benefits.
In Muldrow, a female police sergeant was a plainclothes officer in the St. Louis Police Department’s Intelligence Division from 2008 to 2017. In 2017, a new commander requested the sergeant to transfer to accommodate a male police officer. The sergeant’s new role significantly differed from her prior role: She now supervised neighborhood patrol officers, whereas she previously handled high-profile cases and worked closely with high-ranking officials.
Although the sergeant’s rank and pay never changed, she filed a lawsuit alleging sex discrimination based on the altered job duties. While the lower courts were apprehensive about considering a job-duty change as a “materially significant disadvantage,” SCOTUS ultimately ruled that even seemingly minor changes to someone’s employment could constitute discrimination.
What the Muldrow Ruling Can Mean for You
The Muldrow ruling has potentially significant consequences for employees nationwide, but especially in California, where employees enjoy strong protections. If your employer changes what you do at work or a similar aspect of your employment, and the change is motivated by a protected characteristic, you may have a strong workplace discrimination claim.
In California, it’s illegal to discriminate against employees because of their:
- Race
- Skin color
- Religion
- National origin
- Ancestry
- Disability status
- Medical condition
- Genetic information
- Marital status
- Sex (including pregnancy, childbirth, breastfeeding, and related medical conditions)
- Gender identity and expression
- Sexual orientation
- Age (40 and over)
- Military and veteran status
Employers who engage in discrimination against any of the above-listed factors may be held liable in an employment discrimination lawsuit. If you believe your employer discriminated against you, consult with an employment lawyer for further guidance.
Contact Us for Legal Assistance
Navigating the complexities of employment discrimination can be overwhelming, especially when subtle changes in your work duties lead to feelings of unfair treatment. At K2 Employment Law, we understand the challenges you face and are committed to providing the legal assistance you need.
Our experienced law attorneys can help you protect and assert your rights. We can work closely with you to understand your situation, gather evidence, and develop a strong case to ensure that your voice is heard and your concerns are addressed.
Contact us today to learn more and schedule a free initial consultation.