“[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[] . .
Adverse Action
Placement on unpaid leave constitutes an adverse employment action.
By LSTAHL on
Posted in Employment 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.
By LSTAHL on
Posted in Employment 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.
By LSTAHL on
Posted in Employment 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.
By LSTAHL on
Posted in Employment 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.
By LSTAHL on
Posted in Employment 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 Employment 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…
Removing job duties and prestige constitutes an adverse employment action.“[Plaintiff] has put forth modest evidence that her job has changed, that she has been excluded from meetings, and that her pay may have been affected. Collectively, these occurrences rise to the level of a Title VII ‘adverse employment action.’” Haire v. Bd. of Supervisors of La. State Univ. Agric. and Mech. Coll., No. 12-30290, 2013 WL 2211656, at *6 (5th Cir. May 21, 2013).
By LSTAHL on
Posted in Employment Discrimination
“[Plaintiff] has put forth modest evidence that her job has changed, that she has been excluded from meetings, and that her pay may have been affected. Collectively, these occurrences rise to the level of a Title VII ‘adverse employment action.’” Haire v. Bd. of Supervisors of La. State Univ. Agric. and Mech. Coll., No.…
Declining to promote an employee to a position that lacks an application process in which employees seek promotion is an adverse action, especially if the employer actually considered the employee.
By LSTAHL on
Posted in Employment Discrimination
“[T]he Court rejects Defendant’s argument that Plaintiff cannot show that she ‘sought’ any position. Defendant itself states that ‘the positions . . . are not positions for which an individual may apply, and applications are neither sought nor accepted for said positions.’” Hernandez v. City of Corpus Christi, 820 F. Supp. 2d 781, 797…
Denying the available chance of working overtime constitutes an adverse employment action.
By LSTAHL on
“[P]laintiffs have alleged and offered proof that they suffered an adverse employment action, namely, a denial of the opportunity for overtime and accompanying compensation.” Zeigler v. Univ. of Miss. Med. Ctr., 877 F. Supp. 2d 454, 459 (S.D. Miss. 2012).