Employment law pop quiz #20 – Denial of a transfer

Is denial of a transfer an "adverse employment decision"?

Some courts are saying "No."
So no Title VII violation.

A recent example: Bradley v. Ohio County Bd of Ed (West Virginia Ct App 11/12/2024) [PDF].

Bradley alleged that she was denied a transfer for 16 positions, and those positions were filled by individuals under the age of forty with less seniority and experience.

The court held that refusal of a transfer is not an “adverse employment action”—even after Muldrow v. St. Louis, 601 U.S. 346 (2024)—because there has been no disadvantageous change in employment conditions.

Muldrow involved an involuntary transfer to a position with less perks, and the Supreme Court said she did not need to show she suffered SUBSTANTIAL harm.

The West Virginia court is saying Bradley suffered no harm at all.

I think that decision is wrong. Bradley has indeed suffered harm because of her age. Younger employees have more mobility, the ability to change locations, change supervisors, change co-workers. Bradley is denied all that due to her age. She is stuck in one spot.

Would the result be the same if members of one race were stuck this way?
I think not.

Your results may vary. If you have this issue, consult a good employment lawyer.
(Not me, I'm an arbitrator.)

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