Sixth Circuit Finds Involuntary Transfer to Be an Adverse Employment Action in Deleon v. Kalamazoo County Road Commission
Not long ago, the Sixth Circuit Court of Appeals determined in Deleon v. Kalamazoo County Road Commission that a job transfer could be considered an adverse employment action, even if it was to a position that the employee initially wanted.
The case involved a 53-year old man of Mexican descent, Robert Deleon, who had worked for the Kalamazoo County Road Commission for 28 years. In 1995, Deleon served as an Area Superintendent who supervised road maintenance activities, road crews, and road repairs. Although he received positive reviews for his work, Deleon also claimed to have experienced a pervasive atmosphere of racial insensitivity and hostility.
In 2008, a vacancy opened up for the Equipment and Facilities Superintendent position. The description stated that the work took place primarily in an office and in a garage where there would be exposure to loud noises and diesel fumes. Deleon applied for the position, viewing it as a good opportunity to advance in his career. Had he been offered the position, Deleon claimed that he would have requested a $10,000 increase in salary.