Keith Markel Quoted in Washington Post on How Supreme Court Decision May Affect Diversity Initiatives

Partner Keith Markel was quoted in a Washington Post article entitled “Supreme Court Case Could Spark Rush of Reverse-Discrimination Claims.” The article discussed Muldrow v. City of St. Louis, a case brought by a female police sergeant in St. Louis who says she was transferred out of a prestigious role because of her gender. The Supreme Court’s decision could have significant implications for workplace discrimination claims.

The case, which will address important questions about Title VII, is being watched by civil rights groups who argue that valid workplace discrimination claims are often dismissed because of a requirement that plaintiffs prove they were harmed by the actions of their employers, and by employment attorneys who say a broad ruling for Muldrow could open the door to a flood of reverse discrimination claims against workplace diversity, equity and inclusion programs.

Keith, who co-chairs Morrison Cohen’s Labor & Employment Practice, said that cases like Muldrow are unlikely to affect DEI programs that focus on hiring from diverse pools of applicants. However, a ruling in Muldrow could affect DEI programs that attempt to diversify certain departments through transfers. If the Supreme Court finds that Muldrow’s transfer is an adverse employment action, then “employers might start to think twice about making such changes, even if the employer is well intentioned in trying to correct historical imbalances in the workplace,” Keith commented.

Washington Post subscribers, read the full article here.