|You be the Judge|
|Topic||Managing Human Resource Systems|
|Key Words||discrimination, adverse employment actions|
|InfoTrac Reference|| A97234777
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Nate Calderon worked for a local Boys' Club for years before becoming a probation officer, and later obtained a position in a group home to work one-on-one with residents. When he was transferred to a desk job, he was angry. His supervisor explained that it was because he routinely broke the rules, which resulted in behavior problems among the boys. It was not a demotion, his pay, hours and benefits stayed the same. Calderon, however, felt it happened because he was Hispanic, and sued the home for discriminating against him on the basis of his nationality.
The court found no evidence that it was an adverse employment action, since pay, etc. remained the same. The lesson from this case is that in transferring employees or making other job changes, one must consider the following: Does the job change appear to discriminate against someone on the basis of gender, race, age, religion, nationality, or some other protected category? If so, make sure you have the documentation to show that the change was based on solid business reasons.
|Source||"You be the Judge," HR Briefing, Feb. 1, 2003, p. 4.|
|Instructor Discussion Notes|| Discussion Notes
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