D.C. Circuit Mulls Striking Down Precedent on Lateral Transfers

Oct. 26, 2021, 10:36 AM

A federal appeals court in Washington will consider overturning its own precedent that blocked a worker’s sex bias claim alleging that her former employer unlawfully rejected her requests for a job transfer.

The full U.S. Court of Appeals for the District of Columbia will hear oral argument Tuesday on its rule that employers can’t be liable under Title VII of the 1964 Civil Rights Act for denying or forcing a lateral transfer unless the worker shows a pay reduction or other “objectively tangible harm.”

A three-judge D.C. Circuit panel applied that standard, which comes from the circuit’s 1999 decision in ...

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