Previously Sought Lateral Transfer May Be Adverse Action, Sixth Circuit 2-1 Decides

A 53-year-old Hispanic superintendent for a Michigan county established a triable dispute as to whether an involuntary lateral transfer to a position that exposed him to diesel fumes on a daily basis was an adverse employment action under federal anti-discrimination law, even though he had previously applied for the transfer, the U.S. Court of Appeals for the Sixth Circuit 2-1 held Jan. 14 (Deleon v. Kalamazoo Cnty. Rd. Comm’n, 2014 BL 9155, 6th Cir., 12-2377, 1/14/14).

Reversing summary judgment in favor of the Kalamazoo County Road Commission, the appeals court majority found that a jury must determine ...