When can an employee’s transfer be considered illegal retaliation? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

When can an employee’s transfer be considered illegal retaliation?

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in Discrimination and Harassment,Human Resources

To bring a case of retaliation for complaining about discrimination or harassment, employees must show that they suffered some sort of “adverse employment action” in response to their complaint.

That’s easy if the employee is demoted, fired or transferred to a less desirable position. But what if the worker experiences more subtle retaliation, like having to do more work or being transferred to a potentially better position that doesn’t pan out?

Can such potential “sabotage” constitute an adverse employment action? As this case shows, the answer is “yes.” And it’s another reason why you need to spread the word to supervisors never to punish workers in any way for filing (or even voicing) complaints.

Recent case: Ruth worked in a factory, assembling mattresses. She complained to several managers that her immediate supervisor was sexually harassing her by asking her out, commenting on her body and invading her personal space.

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