Did the Sixth Circuit just approve a claim for benign discrimination?

more+
less-

In Litton v. Talawanda Sch. Dist. (6th Cir. 6/26/12), a demoted and transferred custodian sued his employer for age and race discrimination. The jury concluded that Litton did not prove that he had suffered an adverse action, yet proved that the employer treated him differently because of his race. Amazingly, the Sixth Circuit upheld this verdict, concluding that the absence of an adverse action was irrelevant to the jury's finding on the ultimate issue of whether discrimination occurred. Does this ruling unwittingly create a cause of action for benign discrimination? Does the law really provide a remedy for employment decisions that did not result from an adverse action?

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Jon Hyman, Kohrman Jackson & Krantz | Attorney Advertising

Written by:

more+
less-

Kohrman Jackson & Krantz on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×
×