“Fuqua and Vontice were both assistant managers at the same Wal-Mart store. Vontice had an arguably worse history of work violations. Both were found to have improperly taken cash advances and both timely paid them back. . . .[E]ach was given thirty days to repay the money and obtain an hourly position at another store.
disciplinary action
Separate incidents caused by two employees, which violate mostly the same rules with similar degrees of severity and which are punished by the same decisionmaker, are legitimately compared to test disparate treatment.
By LSTAHL on
Posted in Employment Discrimination
“Two points convince us that Schmitt’s violations arising from the sideswipe incident are comparable to Turner’s putative violations in the derailment incident. First, Schmitt was found to have violated most of the same workplace rules that Turner was found to have violated.” Turner v. Kan. City S. Ry. Co., 675 F.3d 887, 896 (5th…
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).