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Muldrow v. City of St. Louis, Missouri

Docket No.22-193
Op. Below8th Cir.
ArgumentDec 6, 2023

Holding

An employee challenging a job transfer under Title VII must show that the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be significant.

Judgment

Vacated and remanded, 9-0, in an opinion by Elena Kagan on Apr 17, 2024. Justices Thomas, Alito, and Kavanaugh each filed an opinion concurring in the judgment.

Proceedings & orders timeline

Jun 15, 2022
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.
Jun 21, 2022
Application (21A835) granted by Justice Kavanaugh extending the time to file until September 1, 2022.
Aug 29, 2022
Petition for a writ of certiorari filed. (Response due September 30, 2022)
Sep 28, 2022
Waiver of right of respondent City of St. Louis, et al. to respond filed.
Sep 30, 2022
Brief amicus curiae of National Employment Lawyers Association filed.
Sep 30, 2022
Brief amicus curiae of Constitutional Accountability Center filed.
Oct 5, 2022
DISTRIBUTED for Conference of 10/28/2022.
Oct 11, 2022
Response Requested. (Due November 10, 2022)
Oct 31, 2022
Motion to extend the time to file a response from November 10, 2022 to December 12, 2022, submitted to The Clerk.
Nov 1, 2022
Motion to extend the time to file a response is granted and the time is extended to and including December 12, 2022.
Dec 12, 2022
Brief of respondents City of St. Louis, Missouri, et al. in opposition filed.
Dec 19, 2022
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
Dec 20, 2022
Reply of petitioner Jatonya Clayborn Muldrow filed. (Distributed)
Dec 21, 2022
DISTRIBUTED for Conference of 1/6/2023.
Jan 9, 2023
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 18, 2023
Brief amicus curiae of United States filed.
Jun 1, 2023
Supplemental brief of respondents City of St. Louis, Missouri, et al. filed.
Jun 6, 2023
DISTRIBUTED for Conference of 6/22/2023.
Jun 29, 2023
DISTRIBUTED for Conference of 6/29/2023.
Jun 30, 2023
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?
Jul 7, 2023
Motion for an extension of time within which to file the briefs on the merits filed.
Jul 19, 2023
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.
Aug 28, 2023
Brief of petitioner Jatonya Clayborn Muldrow filed.
Aug 28, 2023
Joint appendix filed. (Statement of costs filed)
Aug 31, 2023
Brief amici curiae of Professor Suja A. Thomas, et al. filed.
Sep 1, 2023
Brief amici curiae of The National Employment Lawyers Association, et al. filed.
Sep 1, 2023
Brief amici curiae of The Legal Aid Society and The National Employment Law Project filed.
Sep 5, 2023
Brief amicus curiae of United States filed.
Sep 5, 2023
Brief amici curiae of District of Columbia, et al. in support of neither party filed.
Sep 5, 2023
Brief amici curiae of Constitutional Accountability Center, et al. filed.
Sep 5, 2023
Brief amicus curiae of National Treasury Employees Union filed.
Oct 11, 2023
Brief of respondent City of St. Louis filed.
Oct 12, 2023
SET FOR ARGUMENT on Wednesday, December 6, 2023.
Oct 12, 2023
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 17, 2023
Record requested from the United States Court of Appeals for the Eighth Circuit.
Oct 18, 2023
Brief amicus curiae of The Society for Human Resource Management filed. (Distributed)
Oct 18, 2023
Brief amici curiae of National School Boards Association, AASA, The Superintendents Association, and Association of School Business Officials International filed. (Distributed)
Oct 18, 2023
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)
Oct 18, 2023
Brief amici curiae of State of Arkansas, et al. filed. (Distributed)
Oct 18, 2023
Brief amici curiae of Local Government Legal Center, National Association of Counties, National League of Cities, and International Municipal Lawyers Association filed. (Distributed)
Oct 19, 2023
CIRCULATED
Oct 30, 2023
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 9, 2023
Reply of petitioner Jatonya Clayborn Muldrow filed. (Distributed)
Nov 29, 2023
Record received from the United States Court of Appeals for the Eighth Circuit. The record is available with the Clerk (one box).
Dec 6, 2023
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.
Apr 17, 2024
Judgment 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.
May 20, 2024
Judgment Issued.
Aug 19, 2024
Record returned to the United States Court of Appeals for the Eighth Circuit.

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