On January 29, 2019, the Massachusetts Supreme Judicial Court held that failing to grant a lateral transfer for discriminatory reasons may constitute an “adverse employment action” that violates Massachusetts law, G.L. c. 151B. An employee may therefore be able to recover for illegal discrimination even if the position requested provides exactly the same base salary and benefits as his or her current position. The decision expands the scope of potential discrimination claims under Massachusetts law and may make it more difficult for employers to prevail on motions for summary judgment.
Home > State Law Articles > Massachusetts > General (MA) > A New Cause of Action: Massachusetts High Court Rules That Denying A Lateral Transfer Request Could Constitute Discrimination