NJLAD retaliation claim cannot be premised upon lateral transfer.

Following the settlement of the plaintiff's initial LAD action against her employer, the plaintiff was transferred to a different office. The plaintiff alleged that this was in retaliation for the prior action. The transfer did not result in any loss of duties, rank or compensation. In upholding the dismissal of the action, the court concluded that the transfer could not constitute an "adverse employment action" for purposes of the statute.

Case Law Alert - 2nd Qtr 2012