A suspension with pay is not discrimination, you guys.

640px-SeptaBUS

[Editor’s Note: The employer in this post is a client; although, I did not represent this client in this case].

Yesterday, in Jones v. Southeastern Pennsylvania Transportation Authority, for the first time ever, the Third Circuit Court of Appeals recognized that a suspension with pay is not an “adverse employment action” under the substantive discrimination provision of Title VII. (The Court did not address the issue of whether a suspension with pay is an adverse employment action under the anti-retaliation provision of Title VII).

The Third Circuit’s holding is in line with several other circuits across the country.

Alright. That’s it. Nothing more to see here. Go enjoy some tunes.

Image credit: GK Tramrunner
Updated:
  • shannie_mac

    What about suspension without pay? How do you think that would be addressed?

    • That’s an adverse employment action. Discrimination? Depends on the facts.