Labor & Employment Law

Lateral Transfer is Not Adverse Employment Action

By Harvey Randall, Esq.

Lateral Transfer is Not Adverse Employment Action

Source: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/

Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved.

Hernandez v. Research Foundation, ___Misc. 3d ___(N.Y. Co. Dec. 13, 2007), though decided under New York law discrimination law, involves a number of basic employment discrimination issues and cites to several cases under Title VII as support. Under both New York law and Title VII, not every change in the workplace is actionable. An adverse employment action must occur for the discrimination to be actionable. This case holds that a lateral transfer is not an adverse employment action. Additionally, this case holds that a theory of discrimination that is not properly plead cannot be raised in a brief.

Mitchell H. Rubinstein

Full post as published by New York Public Personnel Law on January 28, 2008 (boomark / email).