09-2815 Hill v. Potter

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Employment
Retaliation

Where an employee could not show there was work available that she could perform with her limitations, summary judgment was properly granted to the employer on her claim that her hours were reduced in retaliation for engaging in protected activities.

“We agree with the district court that Hill has failed to show that Kavanaugh and Fuscaldo sending her home without pay while she was on light duty status constitutes an adverse employment action. As noted earlier, the reduction of her hours is not per se an adverse action because she was not entitled to a 40-hour work week. Hill is correct that just because she is not entitled to the hours does not mean that the Postal Service can reduce her hours for a retaliatory purpose. Yet Hill produced no evidence that there was work available for her to perform within her limitations when she was sent home from work without pay.”

Affirmed.

09-2815 Hill v. Potter

Appeal from the United States District Court for the Northern District of Illinois, Coar, J., Kanne, J.

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