Minor loss of benefits doesn’t mean employee will win suit — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Minor loss of benefits doesn’t mean employee will win suit

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Not every little lost privilege or benefit translates into a winning lawsuit for employees. Minor changes such as temporarily losing the use of a company car aren’t serious enough to constitute an “adverse employment action.”

Recent case: Otis Dobine claimed race was the reason he was not selected for a new opening with the Los Angeles Police Department. After he lost out on the job, the LAPD moved him to another section. He also lost the use of his city-issued car for a few months.

Dobine sued, alleging that losing the car was an adverse employment action.

The court disagreed. It said the temporary loss of a car didn’t “materially affect the terms, conditions or privileges of his employment.” (Dobine v. City of Los Angeles, No. B200791, Court of Appeal of California, Second Appellate District, 2009)

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