To read the details of this case, please click here.
The Rest of ‘Rose’s’ Story
One business day before Rose was supposed to return to work, she was instructed, via a voice-mail message, to contact a supervisor to retrieve her employee badge privately, so she could avoid doing so in front of other employees in the company lobby. Rose did not contact the supervisor and did not report to work as scheduled—instead telling the SIF that she was emotionally distressed by the voicemail message and feared for her safety if she met the supervisor outside IAS’s facilities.
IAS kept her position open during the SIF investigation. After SIF found that her emotional condition was not related to her employment, Rose did not request reinstatement and, instead, resigned on March 8, 2010. She then sued IAS and several managers for unlawful employment retaliation under Title VII of the Civil Rights Act, claiming the “demotion” and suspension were adverse employment actions that compelled her to resign. The district court dismissed the case, and Rose appealed to the U.S. Court of Appeals for the 1st Circuit, which includes Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island.
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What the court said
The appeals court affirmed, saying her participation in cross-training did not amount to an adverse employment action, she violated IAS policy when disclosing confidential information to SIF without authorization and when keeping confidential information on her personal drives, and she did not show that IAS’s explanations for her reassignment to business partner responsibilities and for her suspension were pretexts for discrimination.
Colón v. Tracey, et al. (No. 12-1978) (U.S. Court of Appeals, 1st Cir., 5/17/13)
In brief
Cross-training provides developmental opportunities for employees and helps employers ensure smooth business operations in the event of employee absences. Workers should receive cross-training assignments based on legitimate, nondiscriminatory business reasons.
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SCORM
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[Click here to download information on all courses and libraries.]
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Preventing Sexual Harassment—National
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