US Supreme Court takes transfer case involving sexual harassment complaint

12/06/05

 

    What if an employer transfers an employee who complains

about sexual harassment, and the transfer makes for more

physically demanding work - but no loss in pay?  Is this

a "materially adverse" term and condition of employment that

can lead to legal liability?  The US Supreme Court has decided

to take up this point in Burlington Northern & Santa Fe v. Sheila White.

The Sixth Circuit Court of Appeals upheld a jury verdict finding'

the railroad liable for retaliation - by transferring her from a forklift operator

job to doing more demanding track work when she complained

that her foreman was harassing her.  White was the only female working

in the yard. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Copyright Anderson Law Offices 2006