In an adverse employment action, how have courts treated the transfer of appellant out of special education classes?
MultiRegion, United States of America
The following excerpt is from Galabya v. NYC Bd. Education, 202 F.3d 636 (2nd Cir. 1999):
The transfer of appellant out of special education classes presents a more difficult question, but we conclude that the record is insufficient to permit the inference that this transfer constituted an adverse employment action. Appellant's failure to create a genuine issue of material fact becomes clear when his case is compared to Rodriguez v. Board of Educ., 620 F.2d 362 (2d Cir. 1980).
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