Shift Change Not Adverse Employment Action

Originally published on the Employer's Law Blog

In a recent decision, Spearman v. Donahoe, the United States District Court for the District of New Jersey reinforced the notion that a job transfer or shift change that does not materially impact conditions of employment cannot constitute an adverse employment action.

The plaintiff, Leo Spearman, works as a mailhandler for the United States Postal Service ("USPS") in the Bellmawr facility. In June 2009, USPS implemented a mailhandler staff realignment plan, which adjusted, abolished, or reposted 280 mailhandler positions. USPS did not lay off any employees as a result of the realignment, but many employees had their shifts and scheduled days off change. The realignment abolished Spearman's position. He had the option of accepting a residual assignment or bidding for positions in other tours (which would be provided based strictly on seniority). Under either scenario, however, his shift and scheduled days off would