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?
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.
Labor & Employment Law Updates
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