Small Businesses Urge Supreme Court To Provide Clear Standards On Title VII

Muldrow v. City of St. Louis concerns Title VII and transfer decisions

WASHINGTON, D.C. (Oct. 18, 2023) – NFIB filed an amicus brief today in the case Jatonya Clayborn Muldrow v. City of St. Louis, Missouri, et al. at the United States Supreme Court. The case questions whether Title VII of the Civil Rights Act of 1964 categorically applies to all transfer decisions, regardless of whether the transfer negatively alters the employee’s compensation, terms, conditions, or privileges of employment.

“Now more than ever, small business owners need clear, objective standards that allow them the flexibility to meet their business and staffing needs,” said Beth Milito, Executive Director of NFIB’s Small Business Legal Center. “Adopting a subjective, erroneous interpretation of Title VII will put small businesses at risk of costly litigation and liability. NFIB urges the Court to reject the Petitioner’s interpretation of Title VII.”

The brief argues three main points: 1) Title VII only applies to transfer decisions that alter the understood benefits and requirements of an employment relationship as defined in the legislation and by court precedent, 2) the Petitioner’s interpretation of Title VII would undermine employers’ abilities to operate their businesses efficiently, and 3) that since this decision will become a precedent for future Title VII claims, the Court should be mindful not to decide on issues that have not directly been presented in this case.

NFIB filed the brief with the Chamber of Commerce of the United States of America, The Restaurant Law Center, and the National Retail Federation.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.