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Disclaimer:
The Treatise is based upon federal appellate court decisions from 1996
to 2008. We are currently in the process of updating the Treatise. Until
that update is complete, it is possible that certain cases cited in the
Treatise may no longer represent current law.
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4.500 McDonnell Douglas prima facie case
4.560 Adverse employment action prong
4.563 Work duties
4.563.20 Demotion / lateral transfer or
reassignment
4.563.22 Transfer to different shift
7th Circuit
In
Grube v. Lau Industries, Inc., 257 F.3d 723, 728
(7th Cir. 2001), the court explained:
While we have previously held that a transfer to another
city to a position that seemed far from secure might support a claim of
constructive discharge, Christensen, 767 F.2d at 342, Lau's decision
to change Grube's working hours certainly does not rise to the level of an
adverse employment action. Grube's pay and job title remained the same, and
she suffered no significantly diminished job responsibilities. Grube offers
little support, indeed she fails to offer a single citation to a case from
any circuit, including ours, for the proposition that a mere transfer from a
first to a second shift, unaccompanied by a reduction in pay or
significantly diminished job responsibilities, can support a constructive
discharge claim.
Related pages
For information on what constitutes an "adverse employment
action" in the retaliation context, go to the following section
of the Table of Contents:
20.400 Adverse employment action
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