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Jatonya Clayborn Muldrow v. City of St. Louis, Missouri, et al.
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 20-2975 · judgment April 4, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
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?. 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)(l). 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? THE PETITION FOR A WRIT OF CERTIORARI IS 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?
Counsel of record
For petitioner
Brian Wolfman
Georgetown Law Appellate Courts Immersion Clinic
For respondent
Sheena Renee Hamilton
City of St. Louis Civil Law Department
Case
Conference history
Distributed for 4 conferences
Amicus briefs
3 cert-stage · 12 merits
(7 supporting pet./neither, 5 respondent)
Argument & decision
Argued December 6, 2023 — Brian Wolfman · Robert M. Loeb. Audio and transcript
Decided April 17, 2024. Opinion by Kagan.
Proceedings
- Aug 19 2024Record returned to the United States Court of Appeals for the Eighth Circuit.
- May 20 2024Judgment Issued.
- Apr 17 2024Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion 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.
- Dec 06 2023Argued. 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.
- Nov 29 2023Record received from the United States Court of Appeals for the Eighth Circuit. The record is available with the Clerk (one box).
- Nov 09 2023Reply of petitioner Jatonya Clayborn Muldrow filed. (Distributed)
- Oct 30 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
- Oct 19 2023CIRCULATED
- Oct 18 2023Brief amicus curiae of The Society for Human Resource Management filed. (Distributed)
- Oct 18 2023Brief amici curiae of National School Boards Association, AASA, The Superintendents Association, and Association of School Business Officials International filed. (Distributed)
- Oct 18 2023Brief 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)
- Oct 18 2023Brief amici curiae of State of Arkansas, et al. filed. (Distributed)
- Oct 18 2023Brief amici curiae of Local Government Legal Center, National Association of Counties, National League of Cities, and International Municipal Lawyers Association filed. (Distributed)
- Oct 17 2023Record requested from the United States Court of Appeals for the Eighth Circuit.
- Oct 12 2023SET FOR ARGUMENT on Wednesday, December 6, 2023.
- Oct 12 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Oct 11 2023Brief of respondent City of St. Louis filed.
- Sep 05 2023Brief amicus curiae of United States filed.
- Sep 05 2023Brief amici curiae of District of Columbia, et al. in support of neither party filed.
- Sep 05 2023Brief amici curiae of Constitutional Accountability Center, et al. filed.
- Sep 05 2023Brief amicus curiae of National Treasury Employees Union filed.
- Sep 01 2023Brief amici curiae of The National Employment Lawyers Association, et al. filed.
- Sep 01 2023Brief amici curiae of The Legal Aid Society and The National Employment Law Project filed.
- Aug 31 2023Brief amici curiae of Professor Suja A. Thomas, et al. filed.
- Aug 28 2023Brief of petitioner Jatonya Clayborn Muldrow filed.
- Aug 28 2023Joint appendix filed. (Statement of costs filed)
- Jul 19 2023Motion 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.
- Jul 07 2023Motion for an extension of time within which to file the briefs on the merits filed.
- Jun 30 2023Petition 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?
- Jun 29 2023DISTRIBUTED for Conference of 6/29/2023.
- Jun 06 2023DISTRIBUTED for Conference of 6/22/2023.
- Jun 01 2023Supplemental brief of respondents City of St. Louis, Missouri, et al. filed.
- May 18 2023Brief amicus curiae of United States filed.
- Jan 09 2023The Solicitor General is invited to file a brief in this case expressing the views of the United States.
- Dec 21 2022DISTRIBUTED for Conference of 1/6/2023.
- Dec 20 2022Reply of petitioner Jatonya Clayborn Muldrow filed. (Distributed)
- Dec 19 2022Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- Dec 12 2022Brief of respondents City of St. Louis, Missouri, et al. in opposition filed.
- Nov 01 2022Motion to extend the time to file a response is granted and the time is extended to and including December 12, 2022.
- Oct 31 2022Motion to extend the time to file a response from November 10, 2022 to December 12, 2022, submitted to The Clerk.
- Oct 11 2022Response Requested. (Due November 10, 2022)
- Oct 05 2022DISTRIBUTED for Conference of 10/28/2022.
- Sep 30 2022Brief amicus curiae of National Employment Lawyers Association filed.
- Sep 30 2022Brief amicus curiae of Constitutional Accountability Center filed.
- Sep 28 2022Waiver of right of respondent City of St. Louis, et al. to respond filed.
- Aug 29 2022Petition for a writ of certiorari filed. (Response due September 30, 2022)
- Jun 21 2022Application (21A835) granted by Justice Kavanaugh extending the time to file until September 1, 2022.
- Jun 15 2022Application (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.