00-4131 Grube v. Lau Industries, Inc.

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“We agree with the decision of the district court that Lau’s proposed transfer of Grube from the first to the second shift, unaccompanied by any significant change in job responsibilities, pay or benefits, falls far short of constituting an adverse employment action. Accordingly, because Grube has failed to demonstrate that she suffered an adverse employment action, she has not established a prima facie case of gender discrimination. We also agree with the district court that even if Grube had established a prima facie case of discrimination she did not establish Lau’s proffered reason for her transfer to be pretextual. Accordingly, the district court’s grant of summary judgment in favor of Lau was proper. In addition, we hold that, because Grube failed to file a notice of appeal from the district court’s Dec. 28 order dismissing her 56(g) motion, we are without jurisdiction to review that decision.”

Affirmed.

Appeal from the United States District Court for the Northern District of Indiana, Miler, J., Coffey, J.