Fifth Circuit: Lillie Wheat v. Florida Prsh Juv Justice Cmsn

Title VII/FMLA

Assignment to janitorial duties is not a per se materially adverse action.

Plaintiff did not establish pay adjustment as materially adverse.

Denial of reassignment not per se materially adverse.

Disparate treatment of others similarly situated raised genuine issue of material fact on the retaliatory dismissal.

Dissent: Janitorial duties materially adverse on this record.

http://www.ca5.uscourts.gov/opinions/pub/14/14-30788-CV0.pdf