Last week Illinois Law Professor Suja Thomas and Illinois Law alumna (Class of 1998) and Ohio State Visiting Law Professor Amy Wildermuth co-authored an amicus brief filed with the U.S. Supreme Court in the Muldrow v. City of St. Louis case. They had the research assistance of Illinois third year law student Hannah Sosenko. The case concerns whether an employer can legally act against an employee—such as transferring them—because of the employee’s protected trait—such as their sex or race. The courts have said an employer can discriminate against an employee except where the employer’s action would cause a significant disadvantage to the employee. Professors Thomas and Wildermuth have argued the plain language of the law—Title VII—prevents an employer from acting against an employee because of a protected trait, and the law’s text does not require the employer‘s action cause a significant disadvantage to the employee to be illegal.
Read the full amicus brief online.