Where’s the harm? Courts split on Title VII liability for lateral transfers

Recently, the influential U.S. Circuit Court of Appeals for the District of Columbia. Circuit ruled that denial of a lateral transfer request based on protected status is actionable under Title VII of the Civil Rights Act of 1964 without proving additional harm, such as a change in pay or benefits. Though circuit courts are split on this issue, employees will likely pursue the theory of liability across the country. Read on to learn about this developing area of the law and what you can do to prevent discrimination claims based on lateral transfers.

Discriminatory transfers, hypothetically speaking

Consider this hypothetical: Sally the Salesperson submits a request to transfer to a sales position in a new location with the same title, salary, benefits, and duties as before. The only difference between her current position and her requested position is the geographic location. The employer denies her request but permits several male employees to transfer to their preferred locations.

Sally sues her employer for discrimination under Title VII for denying her requested transfer based on her sex. Could she have a valid claim for sex discrimination?

Circuit courts split