A recent decision of the U.S. Court of Appeals for the Fourth Circuit considered whether an employer subjected an employee to an "adverse action" when the employer granted an employee's request to transfer to a new position, a transfer that later turned out to be unsatisfactory to the employee. An adverse action is a prerequisite to an employee's claim of discrimination or retaliation under the Americans with Disabilities Act (ADA). The concept of an adverse action is central to employment law even beyond the ADA. Employees' claims under other federal employee-protection statutes—including the Family and Medical Leave Act, Title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act of 1967—also require an adverse action.

Background on 'Laird v. Fairfax County'

The plaintiff had served 25 years in the County government, working her way up through various positions and eventually becoming a contract specialist in the procurement division. After the plaintiff was diagnosed with multiple sclerosis, she asked her boss if she could telework as she needed to. Her boss agreed they could try the as-needed telework arrangement and revisit the issue periodically.