News & Analysis as of

Race Discrimination › Employee Transfers

Ogletree, Deakins, Nash, Smoak & Stewart,...

U.S. District Court Highlights Job Reinstatement Obligations After FMLA Leave

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On May 6, 2019, the U.S. District Court for the Eastern District of New York denied summary judgment on a Family and Medical Leave Act (FMLA) retaliatory transfer claim. The court found that the employer’s explanation for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Supreme Judicial Court Holds Denial of Lateral Transfer May Constitute Adverse Employment Action

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On January 29, 2019, the Massachusetts Supreme Judicial Court issued a decision that addressed for the first time whether an employer’s failure to grant an employee’s lateral transfer request could support an employment...more

Mintz - Employment Viewpoints

Does Denial of a Lateral Transfer Violate Title VII? In Some Cases, Yes, Says D.C. Circuit.

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The federal courts in D.C. have long held that denial of a lateral transfer does not violate Title VII for the reason that, unlike where a promotion is denied, there is no adverse employment action when an employee is denied...more

Dorsey & Whitney LLP

Refusal to Transfer an Employee as an Adverse Employment Action; or, How Life Imitates 1950s Movies

Dorsey & Whitney LLP on

In the classic 1955 movie, Mister Roberts, Henry Fonda plays Doug Roberts, a frustrated Naval officer aboard a supply ship in a backwater area of the Pacific during World War II. Roberts desperately seeks a transfer to a...more

Foley & Lardner LLP

A Cautionary Tale That Context Matters

Foley & Lardner LLP on

In the shifting landscape of employment law, a recent case illustrates the need to apply context and consider all the circumstances – even when it looks like a general rule applies. In this particular case, involving race and...more

Parker Poe Adams & Bernstein LLP

Denial of Lateral Transfer Adverse Employment Action Under Title VII

Parker Poe Adams & Bernstein LLP on

Not every action that an employee views as negative can serve as the basis for a claim of discrimination under Title VII of the Civil Rights Act of 1964. In order to state a claim for relief, federal courts have held that the...more

Bradley Arant Boult Cummings LLP

A Candidate Named Sue (or Maybe Regina)? Tread Carefully With the Litigious Job Applicant

Bradley Arant Boult Cummings LLP on

When is it safe to take action against an employee (or a former employee) who filed an EEOC charge against you? As the 7th Circuit just found in Baines v. Walgreen Co., you can never –REPEAT, NEVER – take action because an...more

U.S. Equal Employment Opportunity Commission...

Peoria’s Green Chevrolet to Pay $65,000 to Settle EEOC Discrimination Suit

U.S. Equal Employment Opportunity Commission... on

Black Employee with Disability Involuntarily Transferred and Fired for Opposing It, Federal Agency Charged - CHICAGO - A Peoria, Ill., Chevrolet dealership will pay $65,000 and furnish other relief to settle a disability...more

Seyfarth Shaw LLP

Court Rejects The EEOC’s Novel Attempt To Impose Disparate Treatment Liability Without Any Injury

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In EEOC v. Autozone, Inc., Case No. 14-CV-5579 (N.D. Ill. Aug. 4, 2015), Judge Amy St. Eve of the U.S. District Court for the Northern District of Illinois granted summary judgment in favor of the defendant and against the...more

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