All coworkers to whom Plaintiff compared herself “reported to the same manager and had the same job duties.” Edwards, 2013 WL 474770 at *3. “[T]here is at least a genuine issue of material fact regarding whether similarly situated employees were treated differently.” Id.
Job Duties
Loss of supervisory duties is evidence of a demotion, even without reduction in pay or title.
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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.…
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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“[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.
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“[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).
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“[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.…
An employee is not unqualified for a job that does not actually require the responsibilities cited by the employer.
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Posted in Employment Discrimination, Wrongful termination
“[Plaintiff] has provided ample conflicting evidence showing a genuine issue of material fact regarding whether the Operations Manager ever had responsibility for supervising Business Services.” Mercer, 2013 WL 164107 at *9. “[Plaintiff] has provided competent summary judgment evidence that she was qualified for the Operations Manager position . . . .” Id. at 10.