Robinson v. Newark School Dist., Docket No. A-2345-08T2 (App. Div. August 26, 2010)

Transfer to a new position, without more, is not an adverse employment action.

The plaintiff, a teacher, alleged that after engaging in whistle-blowing activity, she was transferred to another school. This was not considered a demotion, and the plaintiff did not suffer any loss of salary or benefits. The court concluded that the mere transfer could not be considered an adverse employment action.

Case Law Alert - 4th Qtr 2010