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Legal Briefing: Segregation Allegations

Kevin Stuckey, an African-American, worked for AutoZone Inc. as a salesperson and then as a manager. During his employment, Stuckey was transferred to multiple stores in Chicago. Following his transfer in July 2012, in which his pay and job responsibilities were supposed to remain the same, Stuckey never returned to work. Instead he filed a U.S. Equal Employment Opportunity Commission charge of discrimination claiming that his transfer was initiated because of his race. The EEOC filed a lawsuit on Stuckey’s behalf, claiming that Stuckey’s transfer was part of a plan to “limit, segregate or classify” employees on the basis of race. The U.S. District Court for the Northern District of Illinois granted summary judgment to AutoZone, holding that even in a disparate impact case, the employees must show that they suffered an adverse action. The court held that there was no evidence that Stuckey’s transfer resulted in an objectively humiliating or degrading change in working conditions. EEOC v. AutoZone Inc., No. 14-cv-5579(Aug. 4, 2015).

IMPACT: Transferring employees to different locations is a legitimate business reason as long as it does not result in an objectively humiliating or degrading change in working conditions for the employee based on some protected classification such as race or sex.

Mark T. Kobata and Marty Denis are partners in the law firm Barlow, Kobata and Denis, which has offices in Beverly Hills, California, and Chicago.To comment, email

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How Do We Win the War for Hiring Nurses?

September 30, 2015

How do we win the war for hiring nurses? And is there a secret to keeping them for extended periods after we hire them?

—Battle-weary talent coordinator, health care, Fort Worth, Texas

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What Evidence Links Diversity and Engagement?

September 30, 2015

What evidence is there to support a link between workplace diversity and rising engagement? More to the point, how do the two things go hand in hand to create measurable value — i.e., increased sales/growth — that we could track over time?

—Melting Pot, transportation and warehousing, Memphis, Tennessee

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