“[Plaintiff] can establish the third prima facie element, that she was subjected to an adverse action based on her disability, because [employer] readily admits that [Plaintiff] was terminated because she was unable to return to work without lifting restrictions at the time her FMLA leave expired.” Molina, 840 F. Supp. 2d at 1004.
LSTAHL
Marking-up all resumes except for a qualified applicant of a protected group constitutes evidence of discrimination based on belonging to that group.
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Posted in Discrimination
“[Decisionmaker] made no marks on [Plaintiff]’s resume, as she did on other resumes.” Maestri-Murrell, 487 F. App’x at 138.
An employer’s failure to consider a qualified applicant evidences discrimination.
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Posted in Discrimination
“[Decisionmaker] made no marks on [Plaintiff]’s resume, as she did on other resumes.” Maestri-Murrell, 487 F. App’x at 138 (5th Cir. 2012).
Giving an employee an ultimatum with which she cannot comply constitutes a constructive discharge.
By LSTAHL on
Posted in Discrimination, Wrongful termination
“[Plaintiff] claims that [supervisor] gave her an ultimatum that, in effect, forced her to miss her regularly-scheduled physical therapy session in order to keep her job. Specifically, [Plaintiff] was told that if she missed the upcoming Wednesday for therapy, or any day for that matter, she would be fired. This allegation is sufficient[] . .…
Placement on unpaid leave constitutes an adverse employment action.
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Posted in Discrimination
“Being placed on unpaid leave necessarily affected Plaintiff’s compensation, and is, therefore, an adverse employment action . . . .” Garcia v. Garland Indep. Sch. Dist., CIV. A. 3:11-CV-0502-N-BK, 2012 WL 4341811, at *4 (N.D. Tex. Aug. 29, 2012).
Suspension without pay is an adverse employment action.
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Posted in Discrimination
“Plaintiff was suspended without pay. Therefore, the suspension affected her compensation, and it qualifies as an adverse employment action in the Title VII discrimination context.” Brown v. Prentiss Reg’l Hosp., CIV. A. 2:11-CV-180-KS-MTP, 2013 WL 610520, at *5 (S.D. Miss. Feb. 19, 2013) (emphasis supplied).
Loss of supervisory duties is evidence of a demotion, even without reduction in pay or title.
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Posted in Discrimination
Defendant argued that Plaintiff was not demoted because “he suffered neither a reduction in pay nor any change in official title . . . . In fact, Plaintiff continued to receive the same pay for reduced responsibility.” Stippick v. Stone & Webster Servs., LLC, CIV. A. H-10-0290, 2011 WL 564081, at *5 n.16 (S.D.…
An employee pressured into endorsing a demotion does not voluntarily suffer an adverse employment action.
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Posted in Discrimination
“[Plaintiff] has demonstrated a genuine issue of material fact regarding the ‘voluntariness’ of her demotion. She claims that she was pressured into the demotion – and badgered into putting her acceptance of the demotion in writing – by [Defendant].” Mercer, 2013 WL 164107 at *9.
Reassigning an employee to a more dangerous or more physically challenging position allows a jury to find an adverse employment action.
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Posted in Discrimination
“[T]he summary judgment evidence supports an inference that the [new position] is ‘objectively worse’ than the [original] position . . . .” Petrie, 904 F. Supp. 2d at 584. “Plaintiff further attests that the duties associated with the [new] position were more dangerous than those performed” in his original position. Id. His new duties…
Reassignment from a regular schedule with weekends and holidays off to an irregular schedule which may include weekends and holidays constitutes evidence of an adverse employment action.
By LSTAHL on
Posted in Discrimination
“[T]he summary judgment evidence supports an inference that the [new position] is ‘objectively worse’ than the [original] position . . . .” Petrie v. City of Grapevine, 904 F. Supp. 2d 569, 584 (N.D. Tex. 2012). Plaintiff’s original position “operated on a regular Monday-through-Friday schedule, with weekends and holidays off. By contrast, as a…