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Court Grapples with Whether Criticism Counts as ‘Some Harm’ in Discrimination Case

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The U.S. Supreme Court’s April 2024 decision in Muldrow v. City of St. Louis appears to have expanded the universe of “adverse employment actions” that could support an employee’s discrimination claim. The new standard has required courts to consider whether much more generalized and subjective sorts of alleged harm are sufficient to support an employment discrimination claim. A federal district court in New Mexico recently analyzed whether allegations of “being criticized, demeaned and humiliated” would support race and age discrimination claims.

Background

The Supreme Court stated in Muldrow that to prove employment discrimination, an employee “must show some harm respecting

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