The Employee’s Asking For It


When an employee applies for, and gets, a job transfer, the employer has not subjected the employee to an adverse employment action – or has it? In a recent case, the plaintiff claimed he suffered an adverse employment action under Title VII and the ADEA when his employer transferred him to a more hazardous position – a position the employee had applied for. Although the plaintiff knew when he applied that he might not have all the required qualifications and that the position involved exposure to loud noises and diesel fumes, he later complained about the work conditions and asserted that the transfer was an attempt to set him up to fail, because he was unqualified for the job. The 6th Circuit Court of Appeals decided he had a point. A transfer might be an adverse employment action – even without a demotion and even though the plaintiff requested the transfer – if the conditions of the transfer would have been objectively intolerable to a reasonable person. Essentially, a transfer might be a constructive discharge, even when the employee asks for it. Deleon v. Kalamazoo County Road Commission, No. 12-2377 (6th Cir. January 14, 2014).

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sherman & Howard L.L.C. | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.