| Sounds like it might be retaliation to me - she reported a sexual harasser and they demoted the quality of her work. I don't think it matters if it is the same pay/title, if she is doing admin work and not substantive work, it hurts her career and the ability to move up. You may want to find an employment lawyer and do a consult. |
They didn't demote her, though. She has the same title and pay. There's absolutely no case here. If her old work was important, then it needed to be reassigned when she was out on leave. |
Why can’t they reassign it back to me when I return? |
This could be a form of retaliation: https://www.eeoc.gov/laws/guidance/questions-and-answers-enforcement-guidance-retaliation-and-related-issues 9. What are some other examples of employer actions that may be actionable as retaliation? The facts and circumstances of each case determine whether a particular action is retaliatory in that context. For this reason, the same action may be retaliatory in one case but not in another. Depending on the facts, examples of "materially adverse" actions may include: work-related threats, warnings, or reprimands; negative or lowered evaluations; transfers to less prestigious or desirable work or work locations; making false reports to government authorities or in the media; filing a civil action; threatening reassignment; scrutinizing work or attendance more closely than that of other employees, without justification; removing supervisory responsibilities; engaging in abusive verbal or physical behavior that is reasonably likely to deter protected activity, even if it is not yet "severe or pervasive" as required for a hostile work environment; requiring re-verification of work status, making threats of deportation, or initiating other action with immigration authorities because of protected activity; terminating a union grievance process or other action to block access to otherwise available remedial mechanisms; or taking (or threatening to take) a materially adverse action against a close family member (who would then also have a retaliation claim, even if not an employee). |
It depends. For example, if you were an attorney, you might have been working on a case that is going to trial soon. It was reassigned to another attorney while you were on leave. It makes sense that when you return, that attorney who knows the case continues with the trial schedule for next month, instead of you scrambling to catch up. However, I would expect that the firm would give you similar, substantive work, with a client who is in the earlier stages of their case. That would be fine. What would not be fine would be reassigning you to ordering ink and paper for the copy machine. Or if you are a scientist, working on an experiment, the experiment was given to someone else, and they complete it, while they assign you a different, but similar, experiment. But they should not reassign you to ordering supplies and cleaning up the lab. If you are the person who has posted here before who also hurt themselves on the job after this incident and then went on admin leave (I am sorry if you don't know what I am talking about), there might be specific equipment they don't want you using for liability reasons, but still, talk to them about any limitations with the work still being substantive. |