00-2958 Dunn v. Nordstrom Inc.

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“[R]egardless of the title ascribed to Dunn following his alleged promotion, Dunn has shown that an issue of fact exists relating to whether he was entrusted with important new duties, including employee supervision, budgeting and reporting. While the parties expend much of their energy arguing over what title accompanied this increase in responsibility, Dunn’s title – be it internal loss prevention lead, assistant manager or whatever-is only one factor to be weighed in determining whether Nordstrom retaliated by demoting Dunn. See Crady v. Liberty Nat’l Bank & Trust Co., 993 F.2d 132, 136 (7th Cir. 1993)(‘A materially adverse change might be indicated by a termination of employment, a demotion evidenced by a decrease in wage or salary, a less distinguished title, a material loss of benefits, significantly diminished material responsibilities, or other indices that might be unique to a particular situation.’). Accordingly, regardless whether Dunn was identified as an internal loss prevention lead or assistant manager, he has shown a material issue of fact with regard to his demotion by alleging his increase in responsibility and subsequent loss of this responsibility after he filed his EEOC complaint.”

Affirmed in part and reversed in part.

Appeal from the United States District Court for the Southern District of Indiana, McKinney, J., Cudahy, J.