Monday, March 23, 2015
Disciplinary Action including False Statements was not Adverse Action
Patricia Wagner left her job after receiving a written reprimand, including false statements, from the sheriff. Wagner sued the sheriff under 42 U.S.C. § 1983 alleging she suffered an adverse employment action in retaliation of her protected speech. On appeal, The United States Court of Appeals for the Eight Circuit concluded that Wagner could not prove her prima facie case of retaliation. Further, the Eight Circuit explained “a reprimand is an adverse employment action only when the employer uses it as a basis for changing the terms or conditions of the employee’s job for the worse.” Wagner left her job on her own and thus, did not suffer a termination, cut in pay or benefits, or change in job duties or responsibilities. Wagner v. Campbell, 2015.