January 20, 2014
Transferring Employees Just Got More Complicated
Last week in Deleon v. Kalamazoo County Road Commission, No. 12-2377, the Sixth Circuit Court of Appeals addressed the question of whether an “adverse” employment action exists if an employee is transferred to a position he applied and interviewed for. In this case, Deleon, a fifty-three year old Hispanic male was employed by the Kalamazoo County Road Commission (“the Commission”) for twenty eight years and beginning in 1996 served as an “Area Superintendent.” In 2008, a vacancy arose for the position of “Equipment and Facilities Superintendent.”