Originally published on the Employer's Law Blog
In a recent decision, Spearman v. Donahoe, the United States District Court for the District of New Jersey reinforced the notion that a job transfer or shift change that does not materially impact conditions of employment cannot constitute an adverse employment action.
The plaintiff, Leo Spearman, works as a mailhandler for the
United States Postal Service ("USPS") in the Bellmawr
facility. In June 2009, USPS implemented a mailhandler staff
realignment plan, which adjusted, abolished, or reposted 280
mailhandler positions. USPS did not lay off any employees as a
result of the realignment, but many employees had their shifts and
scheduled days off change. The realignment abolished Spearman's
position. He had the option of accepting a residual assignment or
bidding for positions in other tours (which would be provided based
strictly on seniority). Under either scenario, however, his shift
and scheduled days off would have changed. Spearman successfully
bid on another tour. He admitted that the realignment did not
affect his seniority, opportunity for overtime or promotion, or
materially change his responsibilities in a way that set back his
career.
The court granted USPS's motion to dismiss the case because it
concluded that Spearman could not establish a claim under the ADEA.
In order to do so, the court explained that Spearman had to
identify an adverse employment action that he suffered. An adverse
employment action is a "significant change in employment
status, such as hiring, firing, failing to promote,
reassignment with significantly different
responsibilities, or a decision causing significant
change in benefits." Spearman provided no evidence that
material change in his employment after the realignment other than
his shift times and scheduled days off.
This decision is encouraging for employers as it once again confirms that employees cannot sustain discrimination claims on the basis of shift changes or transfers unless the changes or transfers represent a significant change in employment status. Employers should be aware, however, that shift changes or transfers can constitute adverse employment actions if, for example, an employee is transferred to a "dead end" job. It is always prudent to consult with counsel in order to properly determine whether any shift change or transfer may be considered an adverse employment action.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
