The U.S. Court of Appeals for the Third Circuit has ruled that suspending an employee with pay pending an investigation of the employee’s alleged misconduct was not an “adverse employment action” for purposes of violating Title VII of the Civil Rights Act of 1964.
Addressing the issue for the first time, the Third Circuit in Jones v. Southeastern Pennsylvania Transportation Authority (SEPTA), No. 14-3814 (3d Cir. August 12, 2015), rejected the plaintiff’s claim that her employer’s decision to place her on a suspension with pay during an internal workplace investigation constituted unlawful sex discrimination under Title VII. Notably, the Third Circuit has now joined every other federal appeals court that has considered the issue.
The ruling has real world significance because it is a common practice of some employers, when faced with allegations of serious employee misconduct, to place the alleged wrongdoer on a paid suspension pending the outcome of an internal investigation. The decision affirms that as long as the company’s practice concerning paid suspensions is applied consistently, reasonably, and in accordance with any pertinent company policy or procedure, it does not discriminate.
A copy of the Jones v, SEPTA decision can be found online at http://www2.ca3.uscourts.gov/opinarch/143814p.pdf.