Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Lateral Transfers: 'Adverse Actions'?

By Eric Matusewitch, PHR, CAAP
August 25, 2003

Retaliation claims are the growth industry of employment discrimination law. According to the U.S. Equal Employment Opportunity Commission (EEOC), the number of reprisal charges filed with the agency has ballooned from under 11,000 in 1992 to more than 22,000 in 2002, rising steadily during that period from 15% to 27% of all EEOC charges. (EEOC, 'Charge Statistics: FY 1992 Through FY 2002,' www.eeoc.gov/stats/charges.html.)

One of the critical and frequently litigated issues in this area is determining what personnel actions constitute 'adverse employment actions' for purposes of establishing retaliation claims. While demotion and termination are the most obvious and legally recognized adverse employment actions, courts are ruling that under certain circumstances, even a purely lateral transfer can rise to the level of an adverse employment action.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
New York's Latest Cybersecurity Commitment Image

On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.

Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office Image

A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.

The Bankruptcy Hotline Image

Recent cases of importance to your practice.

Bit Parts Image

Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights

How AI Has Affected PR Image

When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.