· 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 CourtListenerSourced 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.