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

Single Topic for Decision 2370H

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In making the adverse action determination here, charging party’s former position, which no longer existed, could not provide the basis for comparison with the two lower level appointments offered by employer in settlement of the grievance. The appropriate comparison in determining whether the employer’s actions were adverse would be between the two appointments offered and no appointment at all (i.e., lay-off), in which case the employer’s grievance settlement offer was not adverse.