A new obstacle for DEI programs?
An employee claiming unlawful discrimination based on race, sex, etc. also must show they were subject to an adverse employment action. Most courts, including California courts, have ruled the adverse action need not be a termination or demotion.
But how adverse must the action have been? Does a recent Supreme Court ruling requiring the employee to show only “some harm” from an employer’s decision to transfer her allegedly because of her sex — rather than significant, serious, or substantial harm — threaten diversity, equity, and inclusion (DEI) programs focused on some groups and not others?
Click here to read the full article written by SCMV Shareholder Dan Eaton and published in The San Diego Union-Tribune.