Employment Discrimination

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7^TH Circuit Court of Appeals

Case Name: Robert Formella v. Megan J. Brennan

Case No.: 15-1402

Officials: BAUER, FLAUM, and HAMILTON, Circuit Judges.

Focus: Employment Discrimination

Former USPS employee fails to articulate facts necessary to prove up discrimination claim.

“Formella’s reliance on Malin and Boumehdi is misplaced; those two cases are factually distinguishable from Formella’s case. In Malin, the employee was unjustifiably passed over numerous times for promotions and effectively demoted by the same supervisor who outwardly opposed her filing of a sexual harassment complaint. Malin, 762 F.3d at 558–59, 560. The supervisor who opposed her sexual harassment complaint controlled all raises and promotions, and single-handedly stalled the employee’s career. Id. In Boumehdi, the employee received an unjustified negative performance review and was repeatedly shorted on her pay after making a complaint to the human resources department about sexual harassment on the part of her supervisor. Boumehdi, 489 F.3d at 793. Also, the supervisor repeatedly referenced the employee’s complaint in a derogatory manner when speaking with her. Id.”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.