It’s an Adverse Action – Even if They Don’t Mind it

The U.S. Court of Appeals for the Eleventh Circuit recently ruled on the case of Vinson v. Koch Foods of Alabama, LLC. It centered on how the plaintiff, who is Hispanic, was disciplined after an event in her office. The plaintiff and two of her colleagues, who are Caucasian, let their office for several hours one day. All three were suspended, but after the suspension, the plaintiff was reassigned to a different department, with additional responsibilities. The other colleagues were not. When her position was eliminated, the plaintiff sued, claiming discrimination.

The defendant argued that the discipline was not an adverse action, because the plaintiff did not mind the change of departments and was eventually given a raise. However, the Eleventh Circuit decided that the plaintiff’s “subjective view of the change is not controlling.” It was the significant change in her duties, with the addition of manual chicken processing tasks, not imposed upon the Caucasian employees, that classified the employers actions as discriminatory.
To read Lexology’s full summary, click here.

Sources:
https://bit.ly/2KCtOyR