I was right. This appellate court employment-law decision was one of the worst of 2014.

About a year ago, I blogged here about a dreadful Sixth Circuit opinion, in which the court concluded that the plaintiff may have a discrimination claim for receiving the specific transfer he requested (after having interviewed for the position).

Now, if you read the comments on my post, you’ll see that some of my readers took issue with my analysis of the case.

Well, I see your comments and raise you a scathing Justice Alito dissent from the United States Supreme Court’s denial of certiorari:

The decision of the Sixth Circuit in this case–holding that respondent suffered an adverse employment action when his employer transferred him to a position for which he had applied–qualifies for review under that standard. Indeed, the holding of the court below is so clearly wrong that summary reversal is warranted. The strangeness of the Court of Appeals’ holding may lead this Court to believe that the holding is unlikely to figure in future cases, but the decision, if left undisturbed, will stand as a binding precedent within the Sixth Circuit….The decision of the court below is unprecedented and clearly contrary to the statutes on which respondent’s claims are based.

#TeamAlito

Updated:
  • Bob Small

    It is regrettably true that SCOTUS often does not take a case that cries out for reversal where the case stands out as an outlyer. The assumption is that future cases will render it a nullity or a conflict among the circuits will later result in a case the court will take.