Minor job changes don’t make transfer adverse action — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Minor job changes don’t make transfer adverse action

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in Employment Law,Human Resources

Employees who claim they were trans­­ferred as punishment for complaining won’t get far if they sue. That’s because courts recognize an employers’ right to manage its work force, and that minor changes in job duties aren’t enough to justify a lawsuit.

Recent case: Correctional counselor Robert Hart, who is white, wanted to work at another facility, but a black woman was transferred instead. Hart complained, but was then moved to a new job that came with additional responsibilities. Hart sued, alleging that he was being punished for complaining.

The U.S. Bureau of Prisons argued that there were only minor differences between the positions, and Hart hadn’t lost any pay, benefits or promotion opportunities. That was enough for the court to toss out the case. (Hart v. Attorney General, No. 10-13628, 11th Cir., 2011)

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