In the U.S. Supreme Court’s 2024 Muldrow v. City of St. Louis decision, the Court expanded the legal standard for what qualifies as an “adverse employment action” by pivoting from asking whether a change to an employee’s terms or conditions of employment was “material” to whether the change left the employee worse off in those terms or conditions. Unsurprisingly, employers saw a surge of challenges to everyday management decisions in the immediate aftermath.
The First Circuit’s recent decision in Walsh v. HNTB Corp., however, offers an important clarification that should hopefully serve as a blueprint for other courts dealing with this influx of questionable lawsuits.