Skip to main content
· 6/1/2010

Porter v. Shah

Citations

  • 606 F.3d 809
  • 391 U.S. App. D.C. 41
  • 2010 U.S. App. LEXIS 11033
  • 93 Empl. Prac. Dec. (CCH) 43,901
  • 109 Fair Empl. Prac. Cas. (BNA) 653
  • 2010 WL 2160906

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a negative performance assessment placed in the plaintiffs personnel file constituted a material adverse action
  • holding that verbal criticism without subsequent consequences for plaintiff’s job did not constitute a materially adverse action
  • ruling that negative assessment of plaintiff together with his placement on Performance Improvement Plan could have affected his “position, grade level, salary, or promotion opportunities” and was materially adverse
  • holding that an “overhaul” of selection criteria that “affected all applicants equally” and had “nothing in its text or about its circumstances [tying] it to discrimination” did not indicate pretext
  • holding that interim assessment was not a materially adverse action because it “did not affect Porter’s ‘position, grade level, salary, or promotion opportunities.’” (quoting Taylor v. Solis, 571 F.3d 1313, 1321 (D.C. Cir. 2009))
  • finding that plaintiff “plainly lacked the ‘stark superiority of credentials’ over [the selectee] that can give rise to an inference of pretext”

Source: CourtListener parenthetical corpus (CC0).

Judges: Henderson, Rogers, Garland

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.