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Rejecting Tangible Harm: The Case Against Harm Requirements in Title VII Lateral Transfer Actions

For decades, employees who faced discriminatory lateral job transfers had to show that they suffered a certain level of harm to have a valid claim against their employers. In June 2022, the D.C. Circuit held that employees no longer need to show harm to have a cause of action. In this article, Associate Member Adam Drapcho argues for the Supreme Court to adopt the D.C. Circuit’s interpretation and settle the circuit split.

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