EMPLOYER DISCRIMINATION; ADVERSE ACTIONS – Transfer, Promotion, or Demotion; Work Assignments and Opportunities

Single Topic for Decision 2671E

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In determining whether evidence of adverse action is established, the Board uses an objective test and will not rely upon the subjective reactions of the employee. The effect on pay and benefits is not the only determiner of whether a transfer constitutes an adverse action. Other factors the Board looks to in transfer situations are increased preparation time to teach a new curriculum and more difficult students in the new assignment. Here, charging party’s reassignment from first grade to kindergarten was an adverse action because charging party had to spend time learning and preparing for a new curriculum, was subjected to more parental scrutiny, and generally had to provide more assistance and attention to kindergarten students than to first grade students. (Adopting proposed decision at pp. 20-21.)