|
1212 An employer's refusal to transfer an employee to a position with the same responsibilities, advancement opportunities, and salary as the position already held by the employee can not be the basis of an action for discriminatory failure to promote because such a transfer would not be a promotion; demotion and reduction in pay is not constructive discharge from employment; if an employer offers evidence of a legitimate reason for an adverse employment decision made after an employee complained against the employer to a public agency, the burden shifts to the employee to show that the reason given by the employer is a pretext for retaliation.CitationADDY v BLISS & GLENNON (Demoted Assistant) 44 CA4 205 [See: McDonnell Douglas v Green 411 US 792; Turner v Anheuser-Busch 7 C4 1238, T/AT 8/94]
|
|
