In the case of Redlin v. Grosse Pointe Pub. School Sys., 6th Cir. No. 18-1641, 2019 U.S. App. LEXIS 11104 (Apr. 16, 2019), a federal appellate court held that (1) the transfer of an assistant principal from a high school to a middle school and (2) negative performance evaluations may constitute adverse employment actions for the purpose of a gender discrimination claim.
To establish a gender discrimination claim in the employment context, an individual must demonstrate, among other things, that the individual “suffered an adverse employment decision.” Redlin at 11. The federal appellate court held that the transfer of the assistant principal from a high school to a middle school could constitute an adverse employment action because the transfer “outwardly appeared to result in a loss of both salary and prestige.” Redlin at 12.
The federal appellate court also held that, in order “for a negative performance evaluation to count as an adverse employment action, ‘the [employee] must point to a tangible employment action that she alleges she suffered [* * *] because of the downgraded evaluation.’” Redlin at 13. In this case, the federal appellate court found that the negative evaluation could qualify as an adverse employment decision as it prevented the assistant principal from being eligible for a two-year rolling contract.
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Authors: Matthew John Markling and the McGown & Markling Team.
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