May 7, 2007
Source: WorkInjury.com
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Court Finds Not Every Job Change After Injury is FEHA Violation
In a published decision, the Second District Court of Appeal has ruled that assigning a fire captain to special duty, rather than to a command position at a fire station, was not workplace discrimination under the Fair Employment and Housing Act (Gov. Code Section 12900 et seq.).
The Court agreed with the trial court that, since the captain was offered other positions at comparable wages and with similar promotional opportunities, there was no adverse employment action involved simply because the employee didn't like the new work assignment.
The captain, who had lost a leg in a work-related accident, had wanted the command position. Both sides agreed that he was not given that position because of his leg injury.
The Court, however, said:
"Not every change in the conditions of employment... constitutes an
adverse employment action. 'A change that is merely contrary to the... employee's liking is insufficient. Workplaces are rarely idyllic
retreats, and the mere fact that an employee is displeased... does not elevate that act or omission to the level of a materially adverse
employment action.'"
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