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A Requested Transfer May Establish an Adverse Employment Action



Deleon v. Kalamazoo County Road Commission - Sixth Circuit Court of Appeals 

Facts:  On November 13, 2008, plaintiff Deleon applied for the position of "Equipment and Facilities Superintendent."  Deleon testified that if he had he been offered the job, he would have asked for a $10,000 raise to compensate for the poor working conditions, described as "in a garage where there is exposure to loud noises and diesel fumes."  The commission initially hired another candidate, who soon quit.  An external candidate was then offered the job, who declined.

In 2009, Deleon was transferred to the position without a raise and was not offered a choice on the transfer.  Notably, Deleon moved from an office environment to a "facility with running trucks and equipment that resulted in constant exposure to diesel fumes."  He offered testimony that he was the only Area Superintendent position subject to these conditions and developed bronchitis, in addition to a cough and sinus headaches, from the diesel fumes.  Deleon was eventually terminated after taking an extended FMLA leave.  He subsequently brought suit against Kalamazoo and alleged violation of the Equal Protection Clause and discrimination claims.

Kalamazoo moved for summary judgment against Deleon's suit and the District Court granted the motion.  The District Court held the actions complained of by Deleon failed to amount to an "adverse" employment action.

Holding:  The Sixth Circuit reversed the District Court and held that while lateral transfers that do not affect pay, title or work hours are often not deemed "adverse," a transfer without such tangible changes" may be an adverse employment action if it constitutes a demotion evidenced by a "less distinguished title, a material loss of benefits, significantly diminished material responsibilities, or other indices that might be unique to a particular situation."  As well, the Court cited caselaw which held that whether a particular reassignment is materially adverse depends upon the circumstances of the particular case and should be judged from the perspective of a reasonable person in the plaintiff's position, considering all the circumstances.

Consequently, the Court held that based upon the testimony and evidence that Deleon had presented to the District Court, there was sufficient evidence to present a material issue of fact to defeat Kalamazoo's motion for summary judgment. 

Judgment:  The Sixth Circuit Court of Appeals reversed the District Court's ruling and remanded the case for further proceedings. 

Majority Opinion Judge:  Judge Keith 

Date:  January 14, 2014 

Opinion:  http://www.ca6.uscourts.gov/opinions.pdf/14a0012p-06.pdf

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