Image of Is denial of a transfer away from a biased supervisor an adverse action?

Is denial of a transfer away from a biased supervisor an adverse action?

Yes.  According to the DC Circuit’s 2017 opinion in Samuel Ortiz-Diaz v. U.S. Department of Housing and Urban Development, No. 15-5008, “Although lateral transfers to different positions within a Department offering the same pay and benefits are ordinarily not changes in the “terms, conditions, or privileges of employment,” a discriminatory denial of a lateral transfer away from a biased supervisor can certainly be actionable under Title VII, given the adverse impact on the employee’s potential for career advancement. See Stewart v. Ashcroft, 352 F.3d 422, 426 (D.C. Cir. 2003).

 

 

Avatar of Jason Zuckerman

Jason Zuckerman, Principal of Zuckerman Law, litigates whistleblower retaliation, qui tam, wrongful discharge, and other employment-related claims. He is rated 10 out of 10 by Avvo, was recognized by Washingtonian magazine as a “Top Whistleblower Lawyer” in 2015 and selected by his peers to be included in The Best Lawyers in America® and in SuperLawyers.