preview

Wal-Mart Stores, Inc. V. Bertrand, 37 S.

Decent Essays
Open Document

See, e.g., Wal-Mart Stores, Inc. v. Bertrand, 37 S.W.3d 1, 10 (Tex. App.—Tyler 2000, pet. denied) ("Refusing an employee's request for a lateral transfer does not qualify as an adverse or ultimate employment decision like hiring, granting leave, discharging, promoting or compensating."); Padilla v. Flying J, Inc., 119 S.W.3d 911, 915-16 (Tex. App.—Dallas 2003, no pet.) (holding that a transfer was not a tangible employment action because the transfer did not result in a change in pay and the employee did not suffer any economic harm); Griffin v. Sea Mar Mgt., Inc., 243 F. App'x 852, 854 (5th Cir. 2007) (holding that plaintiff did not present a prima facie case of intentional racial discrimination because refusal to promote appellant did not constitute an adverse employment action); Maestas v. Apple, Inc., 546 F. App'x 422, 426 (5th Cir. 2013) ("[P]urely lateral transfers do not constitute adverse employment actions.") (citing Burger v. Central Apt. Mgmt., Inc., 168 F.3d 875, 879 (5th Cir. 1999)). Blow v. City of San Antonio, 236 F.3d 293, 296 (5th Cir. 2001) (holding that in a failure to promote claim a plaintiff must show …show more content…

Sanderson Plumbing Prods., Inc., 530 U.S. 133, 142 (2000). Although Kincade may argue that the two anonymous notes constitute direct evidence of discrimination and that, therefore, the traditional burden-shifting analysis does not apply, he would be wrong because the evidence would require an inference or presumption that the notes were left either by management or a non-management employee in a position to influence the management member who decided not to grant the transfer. See KIPP, Inc. v. Whitehead, 446 S.W.3d 99, 105 (Tex. App.—Houston [1st Dist.] 2014, pet. denied); see also Elgaghil v. Tarrant Cnty. Junior College, 45 S.W.3d 133, 140 (Tex. App. Fort — Worth 2000, pet. denied) ("Stray remarks made in the workplace by non-decision makers, without more, are not evidence of the employer's intent to

Get Access
Related
Get Access