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.
Well that's embarrassing. The court got its test for an adverse action in a retaliation case mixed up with the test for a discrimination case. Retaliation cases look at whether the action would discourage future protected activity. Write ups can absolutely do that.
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