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Silver Spring MD Wrongful Termination Law Blog

The Adverse Action Standard: Legal vs. Right and Wrong

On behalf of Morris E. Fischer, LLC posted in on June 29, 2015

The U.S. Supreme Court has well established that many actions in which an employer takes to retaliate against an employee for complaining about discrimination are not actionable. For example, reassigning an employee to a grave yard shift is not actionable, even though it’s morally reprehensible. Perspective clients sometimes ask me, “how could that be the law.” It’s important to understand that many times the U.S. Supreme Court decides issues strictly in terms of legality. Just because that Court declares something legal, doesn’t mean they’ve declared it to be right, just that it’s legal. Many laws are established for reasons other than right and wrong. For example, a strong reason for legalizing marijuana use in Colorado was not because smoking pot is the right thing to do. Rather, it may be legal because it’s too hard to enforce or because Colorado citizens believed it wasn’t the government’s place to interfere in one’s personal choices, no matter how destructive they may be.

 

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