On October 1, 2018, Jon Margolis appeared before the Supreme Judicial Court to argue the issue of whether an advantageous transfer is an adverse action under Massachusetts’ anti-discrimination statute.
Jon argued that the court below erred when it ruled that Lt. Yee had not suffered an adverse employment action in being denied an advantageous transfer, because there was evidence that the plaintiff lost a good deal of available pay from being deprived of the opportunities offered to members of Troop F, to which he sought transfer, in particular in the form of chances to work more overtime and police details than troopers who were otherwise in similar positions. A decision is expected in the next few months.
Yee v. Massachusetts State Police, Massachusetts Supreme Judicial Court, Docket No. SJC-12485
You can view a recording of the oral argument here. (Select “October 2018” and “Yee v. Massachusetts State Police”)