(press release: cdklawyers) // Dallas, Texas, United States // Keith Clouse
The Fifth Circuit Court of Appeals recently upheld a ruling for an employer in a race and age discrimination matter. Jenkins v. San Antonio Fire Dept., No. 14-50483 (5th Cir. Apr. 20, 2015), available at http://www.ca5.uscourts.gov/opinions/pub/14/14-50483-CV0.pdf. The plaintiff filed a charge of discrimination with the Equal Employment Opportunity Commission, complaining that he was discriminated against when departmental duties were reassigned. Later, when he was not appointed to a particular position, he claimed that the non-appointment was discriminatory and in retaliation for his filing the initial charge of discrimination. The trial court granted summary judgment to the employer.
On appeal, the Court concluded that the initial complaint was not timely filed. It then determined that the plaintiff had not suffered an adverse employment action via the non-appointment. The denial of a lateral transfer may be the objective equivalent of the denial of a promotion if the new position is objectively better. Here, however, the plaintiff offered nothing beyond his own subjective belief regarding the merits of the two positions. Therefore, the plaintiff failed to establish that his non-appointment for the position was an adverse employment action and his claims failed.
This article is presented by the Dallas employment attorneys at Clouse Dunn LLP. To speak to an employment law attorney, send an email to email@example.com or call (214) 239-2705.