8th Issues Primer on Disability Discrimination

Buboltz v. Residential Advantages, ___F.3d___ (8th Cir. April 18, 2008) is brought to your attention because it is relatively short and provides a nice primer of ADA and Rehab Act standards. The also discusses contructive discharge and what an adverse action is under Title VII. As the court states:

An adverse employment action is a tangible change in working conditions that
produces a material employment disadvantage. Thomas v. Corwin, 483 F.3d 516, 528
(8th Cir. 2007). Termination, cuts in pay or benefits, and changes that affect an
employee's future career prospects are significant enough to meet this standard, as are
circumstances amounting to a constructive discharge. Higgins v. Gonzales, 481 F.3d
578, 584 (8th Cir. 2007). Changes in intangible employment conditions may also
constitute an adverse employment action. See Meyers v. Neb. Health & Human
Servs., 324 F.3d 655, 660 (8th Cir. 2003). Nevertheless, "not everything that makes
an employee unhappy is an actionable adverse action." Montandon v. Farmland
Indus., Inc., 116 F.3d 355, 359 (8th Cir. 1997) (internal quotations omitted)
(discussing an unlawful retaliation claim in the context of Title VII). For example, a
job reassignment involving no corresponding reduction in salary, benefits, or prestige
is insufficient to establish an adverse employment action. Id. Additionally, minor
changes in duties or working conditions, even unpalatable or unwelcome ones, which
cause no materially significant disadvantage do not satisfy this prong. Higgins, 481
F.3d at 584; see also Harlston v. McDonnell Douglas Corp., 37 F.3d 379, 382 (8th
Cir. 1994) (holding job changes that amount to nothing more disruptive than a mere
inconvenience or an alteration of job responsibilities are not adverse actions).
Buboltz' first contention, that RAI's decision to remove two of her essential
functions constituted an adverse action, fails. RAI's decision to remove Buboltz' duty
of administering medicine did not have a material disadvantage to Buboltz . . .

Mitchell H. Rubinstein