What is the test for an adverse employment action against a member of a protected class?

MultiRegion, United States of America

The following excerpt is from Kessler v. Westchester County Dept., Social Serv., 461 F.3d 199 (2nd Cir. 2006):

With respect to claims that an employer has violated these core provisions by taking an adverse employment action for discriminatory reasons against a member of a protected class, see generally de la Cruz v. New York City Human Resources Administration Department of Social Services, 82 F.3d 16, 20 (2d Cir.1996) ("de la Cruz"), we have stated that "a transfer is an adverse employment action if it results in a change in responsibilities so significant as to constitute a setback to the plaintiff's career," Galabya v. New York City Board of Education, 202 F.3d 636, 641 (2d Cir. 2000) ("Galabya"). We have also ruled that an adverse employment action may be found where the plaintiff was transferred from an "`elite'" unit to one that was "less prestigious," de la Cruz, 82 F.3d at 21, or where the transfer effected a "radical change in nature of the [plaintiff's] work," Rodriguez v. Board of Education of Eastchester

Page 207

Union Free School District, 620 F.2d 362, 366 (2d Cir.1980).

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