‘I have no idea what this means’: Alito slams Kagan’s ‘unhelpful opinion’ siding with cop who was transferred because she’s a woman

Associate Justice Samuel Alito, left, and Associate Justice Elena Kagan, right, pose for a group portrait at the Supreme Court building in Washington, Friday, Oct. 7, 2022. (AP Photo/J. Scott Applewhite)

A unanimous Supreme Court ruled in favor of a female Missouri police sergeant who was transferred from her position because her supervisor preferred a man for the role. The justices agreed that Title VII of the Civil Rights Act of 1964 did not require this particular victim of discriminatory transfer to plead more harm than she already pleaded — but disagreed as to what the requirements should be in future cases.

Sgt. Jatonya Muldrow sued her employer, the St. Louis Police Department, for sex discrimination after she was involuntarily transferred from a plainclothes assignment in the Intelligence Division to a uniformed patrol position because her supervisor wanted to hire a man for her job. Muldrow went from working public corruption and human trafficking cases to working in a marked police vehicle and handling administrative oversight of everyday arrests. She earned the same salary, but was no longer eligible for certain job perks like interacting with the FBI and getting certain overtime pay. The new assignment also meant that Muldrow changed from a regular Monday through Friday work schedule to a rotating schedule.

Under Title VII, it is illegal for an employer to “fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment,” because of protected characteristics such as race, color, religion, sex, or national origin. However, Muldrow lost at the summary judgment phase at both the district court and the U.S. Court of Appeals for the Eighth Circuit.

The justices unanimously vacated the Eight Circuit’s ruling, though the corresponding opinions were somewhat fractured.

Justice Elena Kagan penned the majority opinion, which was joined by Chief Justice John Roberts, and Justices Sonia Sotomayor, Neil Gorsuch, Amy Coney Barrett, and Ketanji Brown Jackson. Justices Clarence Thomas, Samuel Alito, and Brett Kavanaugh each wrote their own concurrences disagreeing with some aspect of the majority’s reasoning.

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