Wednesday, April 28, 2021

D.C. Circuit Judges Urge Full Circuit to Consider Lateral Transfer/Adverse Action

I am catching up on reading cases and want to highlight a concurring opinion in Chambers v. D.C., 988 F.3d 497, 502 (D.C. Cir. 2021). The case holds that lateral transfer decisions are not adverse actions for purposes of Title VII. However, two judges argue in a concurring opinion that this outcome is only driven by current circuit precedent and that this circuit precedent is incorrect for a number of reasons.

The concurring opinion argues that the adverse action doctrine is inconsistent with the text of Title VII because Title VII's text does not contain an adverse action limit. In addition, the concurring opinion argues that making lateral transfer decisions based on race or other protected traits is inconsistent with the purposes of Title VII.

A link to the opinion is available here

-- Sandra Sperino

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