4 Highlights From High Court Arguments Over Job Bias Test

Lindsay Burke’s commentary was included in a Law360 article covering the Supreme Court’s consideration of the Muldrow v. St. Louis case. The article explores how the court might rule and how it might impact future Title VII lawsuits.

Lindsay said, "Certainly, the direction of travel among the majority seems to be a skepticism of attaching a harm requirement to the terms and conditions and privileges of employment." She further added that "there are circuits now that don't have the harm test, and the world hasn't ended, it hasn't caused employers to shut down operations. So it might be workable."

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