Posts tagged with "adverse employment action"

To Be Qualified for a Position, an Employee Must Also Be Eligible

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Most employees are familiar with the proposition that for them to prevail in a discrimination case they must prove several things, including that they were “qualified” for the position sought (and denied).  Most people equate being “qualified” with “possessing the qualifications to perform the job” and this is correct.  But there is more.  In addition to being technically competent, the employee must also be eligible to apply for the position.

Case Background

In a decision, a Physician’s Assistant (“PA”) voluntarily chose to transfer from a hospital’s Department of Surgery to its Department of Medicine in order to avoid impending “on-call” obligations.  When a Lead PA position was posted in the Department of Surgery it was hospital policy to offer it first to PA’s within the Department (of which there was one) and absent interest, to open the position to other Departments.  When the Lead PA position was offered to and accepted by the lone PA in the Department of Surgery the former Department PA sued on a variety of grounds, including race and gender discrimination.

The Court’s Decision

After a jury initially found for the disappointed PA, a reviewing court found that the jury’s determination that he was qualified for the position found no support in the record.  The court framed the relevant inquiry as “whether he would have been eligible to apply as a non-departmental candidate when there was an internal candidate willing to take the . . . position.”  The court answered this question in the negative and judgment was entered in favor of the defendant hospital.

Parenthetically, the court also found that the plaintiff PA did not suffer any adverse employment action and that the circumstances of the case did not give rise to an inference of gender discrimination.  Noteworthy, too, was the court’s observation that “unfairness is not the equivalent of gender discrimination.”  The court’s sole concern is “whether unlawful discriminatory animus motivates a challenged employment decision.”  Thus, a successful plaintiff must produce evidence from which such motivation can reasonably be inferred.

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The employment law attorneys in the Westport, Connecticut office of Maya Murphy, P.C. have extensive experience in the negotiation and litigation of all sorts of employment-related disputes and assist clients from Greenwich, Stamford, New Canaan, Darien, Norwalk, Westport and Fairfield in resolving such issues. Please contact Joseph Maya and the other experienced attorneys at our Westport office at 203-221-3100 or JMaya@Mayalaw.com to schedule a consultation today.

Investigatory Meeting Even With Possible Consequences Not an Adverse Employment Action

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Employees sometimes find themselves summoned to an internal investigation and informed that they could be terminated depending upon the results of the investigation.  As long as the employer is merely (and reasonably) enforcing its preexisting disciplinary policies, such circumstances (however unsettling) do not support even a prima facie case of employment discrimination.

In order to establish a prima facie case and put an employer to its proof that there was a legitimate, non-discriminatory reason for its challenged action, an employee must demonstrate that he suffered an “adverse employment action.”  This means “a materially significant disadvantage with respect to the terms of [a plaintiff’s] employment.”  While each situation must be assessed under the totality of the particular circumstances, there must be “a significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits.”

Merely being called into an investigatory meeting and informed of its potential consequences does not constitute an adverse employment action, particularly where no discipline or other negative consequence follows.  In the absence of an adverse employment action, an employee’s case will likely be dismissed via summary judgment without the need for a trial on the merits.

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The employment law attorneys in the Westport, Connecticut office of Maya Murphy, P.C. have extensive experience in the negotiation and litigation of all sorts of employment-related disputes and assist clients from Greenwich, Stamford, New Canaan, Darien, Norwalk, Westport and Fairfield in resolving such issues. Please contact Joseph Maya and the other experienced attorneys at 203-221-3100 or JMaya@Mayalaw.com to schedule a consultation today.

What Should an Employee Do if His/Her Employer Retaliates Against Him/Her for Reporting Discrimination in Connecticut?

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It is unlawful for an employer to retaliate against an employee for opposing or reporting discriminatory practices or conduct.  This includes filing a complaint or charge, participating in an investigation or testifying before an agency or court, or testifying in a deposition.  An employee who suffers an adverse employment action (a demotion or termination, for example) for opposing discrimination should consult an employment lawyer promptly.

If you have any questions related to employer retaliation and employment discrimination in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

What Should an Employee Do if He/She Believes He/She is a Victim of Discrimination in Connecticut?

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An employee who thinks he/she is being discriminated against should speak with an attorney with labor and employment law experience to determine if his/her employer has violated any law and what can and should be done to remedy the situation or to seek relief from the appropriate agency or court.  Discrimination claims usually are governed by strict deadlines, so it is important to speak with a lawyer quickly after any adverse employment action. For example, in Connecticut, employees who wish to bring a discrimination claim typically must file a complaint with the Connecticut Commission on Human Rights and Opportunities within 180 days of the last adverse employment action.

If you have any questions related to employment discrimination in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

What is a Constructive Discharge?

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Employment Resignation

Hopefully, you have never been fired – that is a discharge or termination.  Sometimes, however, an employee has no reasonable alternative to quitting – that is a constructive discharge.  The involuntary nature of the employee’s “quit” may enable him or her to claim the constructive discharge as an adverse employment action so as to maintain a claim for employment discrimination.  An employee’s reasonable decision to resign because of unendurable working conditions is, for remedial purposes, equated to a formal discharge.

A constructive discharge occurs when an employer indirectly, but deliberately, makes an employee’s working conditions so intolerable that the employee is forced involuntarily to resign.  The key points of inquiry are the employer’s intentional conduct and the intolerable level of the employee’s working conditions.  The standard for evaluation is objective – how would a reasonable employee behave in the particular employee’s shoes?  Subjective feelings as to the intolerable nature of the employee’s position cannot support a finding of constructive discharge.

Establishing Constructive Discharge

In assessing a claim of constructive discharge, individual factors, standing alone, may be insufficient to carry the day.  For this reason, the pertinent conditions are aggregated since a reasonable person encounters life’s circumstances cumulatively rather than individually.  Some routine workplace events – e.g. a poor performance appraisal, lack of training, or increased job demands – are to be expected and do not support an inference that a reasonable person would be “compelled” to resign.  The standard for constructive discharge goes beyond difficult or unpleasant working conditions.

As is so often the case in employment law, the presence of a constructive discharge depends upon the circumstances of the particular employee involved.  If you feel that your employer deliberately made your work environment intolerable and that you were forced to quit, you should confer with a seasoned employment law litigator to determine your rights.

The employment law attorneys in the Westport, Connecticut office of Maya Murphy, P.C. have extensive experience in the negotiation and litigation of all sorts of employment-related disputes and assist clients from Greenwich, Stamford, New Canaan, Darien, Norwalk, Westport and Fairfield in resolving such issues. If you have any questions regarding constructive discharge or other matters of employment law, please do not hesitate to contact Joseph Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a free initial consultation.