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HOW BAD DOES IT HAVE TO BE?: DEFINING A CHANGE IN TERMS AND CONDITIONS UNDER TITLE VII
Journal article   Open access   Peer reviewed

HOW BAD DOES IT HAVE TO BE?: DEFINING A CHANGE IN TERMS AND CONDITIONS UNDER TITLE VII

Natalie Pedersen and Corrie Mitchell
Albany law review, v 88(1), pp 289-311
18 Oct 2025
url
https://www.albanylawreview.org/article/145249-how-bad-does-it-have-to-be-defining-a-change-in-terms-and-conditions-under-title-viiView
Published, Version of Record (VoR) Open

Abstract

Affirmative action Conflict of judicial decisions Employee transfers Employment discrimination Equality before the law Evaluation Laws, regulations and rules
Sixty years after the passage of Title VII of the Civil Rights Act of 1964 (Title VII), courts are, somewhat surprisingly, still wrestling with the definition of discrimination under the Act. In April 2024, the United States Supreme Court decided, in Muldrow v. City of St. Louis, (1) that although an employee challenging a transfer as discriminatory under Title VII must show "some harm... she need not show that the injury satisfies a significance test." (2) Although this provides some guidance as to what is required for a discriminatory change in the terms and conditions of employment under Title VII, it still leaves many questions unanswered. This Article is the first to examine the consequences of the Muldrow decision, including the foreseen--and perhaps unforeseen--effects it will have on the workplace in the United States.

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