Be careful if you transfer an employee who filed a discrimination complaint to another position. Even if the new job provides the same benefits and pay, it may look like retaliation if the position comes with fewer advancement opportunities.
Recent case: Carol Hale filed a discrimination complaint against her employer, the U.S. Department of Homeland Security. They settled the case. Then Hale was transferred to another position that paid the same—but she argued that the new job allowed fewer opportunities for advancement. She was also passed over for another promotion based in part on an assessment that she didn’t get along with others.
The court agreed in principle that the transfer might be retaliatory. It also said passing her over for the promotion might be retaliation. (Hale v. Napolitano, No. 08-CA-106, WD TX, 2009)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/9789/transfer-to-slower-climbing-position-can-equal-retaliation "
- Both love and justice are blind: Consider banning boss/employee relationships
- To catch a thief: First document suspicion, then respond evenhandedly
- BP to pay $92,000 for 2005 accident that killed 15
- Can we install in-Plant security cameras without telling employees?
- OSHA rule would add electronic injury reporting mandate