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HR Solutions

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.