NTEU Defends Public Employees in Two Supreme Court Cases

Press Release September 5, 2023

WASHINGTON – The National Treasury Employees Union filed two briefs with the Supreme Court today, siding with a city employee who was a victim of sex discrimination and supporting the Securities and Exchange Commission’s ability to enforce securities laws and protect American investors. 

Although NTEU is not a party in either case, the union is weighing in with arguments to protect public employees in the workplace and preserve an enforcement tool that is essential to the work of frontline SEC employees, who are represented by NTEU. 

“Our union is proud to play a role in potentially groundbreaking Supreme Court cases that will impact federal employees for generations to come,” said NTEU National President Doreen Greenwald. “Whenever frontline workers are threatened with discrimination or attacks on their ability to carry out their agency’s mission, NTEU will stand in their defense.” 

In Muldrow v. St. LouisNTEU is supporting city police sergeant JaTonya Muldrow, who was involuntarily transferred and replaced with a male police sergeant. Her case will determine whether her sex discrimination claim can be heard even though the transfer did not significantly affect her title, salary or benefits. NTEU agrees with Muldrow that she should not have to show significant impact in order to press her discrimination claim, but the union’s brief also argues that Congress considered all discriminatory job transfers and reassignments as significant enough to challenge. 

“We have extensive experience with the statute that protects federal employees from discrimination, and we believe Muldrow has a right to pursue her claim over an unwanted transfer to another division, just like a federal employee would,” Greenwald said. 

In SEC v. JarkesyNTEU is asking the Court to reverse a lower court decision that would weaken the agency’s ability to enforce securities laws through internal hearings before administrative law judges.

“In the aftermath of the 2008 recession, Congress knew the SEC needed more administrative powers to hold accountable anyone who would defraud investors, which is why this case is so important to SEC employees who have dedicated their careers to ensuring our financial markets are fair for all,” Greenwald said. “Now is not the time to weaken the agency that regulates an industry that is so crucial to our nation’s economy.” 

NTEU represents employees in 35 federal agencies and offices.