Supreme Judicial Court- Refusing to Grant a Lateral Transfer to a Preferred Position May Constitute an Adverse Employment Action

Supreme Judicial Court- Refusing to Grant a Lateral Transfer to a Preferred Position May Constitute an Adverse Employment Action

In a recent decision, Yee v. Massachusetts State Police, the Massachusetts Supreme Judicial Court held for the first time that denying an employee’s request for a lateral transfer can constitute an adverse employment action under the Massachusetts General Laws, Chapter 151B which prohibits discrimination in the workplace.  The Court’s decision addresses the scope of employment actions on which an aggrieved employee may base a discrimination claim, going beyond commonly-challenged actions such as a refusal to hire, a promotional bypass, or discipline.

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Supreme Judicial Court – Refusing to Grant a Lateral Transfer to a Preferred Position May Constitute an Adverse Employment Action

In a recent decision, Yee v. Massachusetts State Police, the Massachusetts Supreme Judicial Court held for the first time that denying an employee’s request for a lateral transfer can constitute an adverse employment action under the Massachusetts General Laws, Chapter 151B which prohibits discrimination in the workplace.  The Court’s decision addresses the scope of employment actions on which an aggrieved employee may base a discrimination claim, going beyond commonly-challenged actions such as a refusal to hire, a promotional bypass, or discipline.

Read More