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

Single Topic for Decision 0864E

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Involuntary transfer from senior high school to junior high found to be adverse action where evidence showed that transfers to senior high school were regularly requested by junior high teachers as career moves, subject employee had previously attempted to transfer to senior high school, and no other teacher had volunteered for transfer from senior high school to junior high school; p. 12. Increased preparation time accompanying involuntary transfer from senior high school to junior high school not necessarily supportive of finding of adverse action; p. 13. Adverse action must be based on objective evidence; employee's temperament irrelevant in determination of whether employer conduct constituted adverse action; p. 14. But see concurring opinions.