Sometimes, the best thing an employer can do is to offer a transfer to an employee who has complained about alleged discriminatory conduct. If she accepts and the new supervisor doesn’t discriminate, she may lose the chance to sue on a continuing violation theory because the transfer put a stop to the discrimination.
Recent case: Ellen, a bank employee, alleged that for several years her supervisor discriminated against her because of her race. She was offered a transfer to a new supervisor at the same pay and position.
More than 300 days later, she filed an EEOC discrimination complaint. The transfer and delay doomed her case. She could point to no event in the last 300 days that would pull in the earlier alleged discrimination. Employees have just 300 days to file after the last discriminatory act. (Betterson v. HSBC Bank, No. 15-3463, 2nd Cir., 2016)
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