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· 7/12/2005

Xuelin Zhuang v. Datacard Corporation

Citations

  • 414 F.3d 849
  • 2005 U.S. App. LEXIS 13945
  • 87 Empl. Prac. Dec. (CCH) 42,158
  • 96 Fair Empl. Prac. Cas. (BNA) 95

How courts have described this case

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

  • finding that a transfer from a “developer position” to a “tester position” was not an adverse employment action because the employee’s “pay and benefits remained the same” and she simply preferred “one position over the other”
  • stating “a transfer involving only minor changes in working conditions and no reduction in pay or benefits does not constitute an adverse employment action”
  • finding no adverse employment action when employer assigned a mentor and provided negative feedback about job performance because plaintiff introduced no evidence that these methods were anything more than benefits designed to give her a chance to improve
  • “With regard to facts permitting an inference of discrimination, we find none. . . . We require probative evidence of intentional discrimination, not mere allegations based upon facts that as a matter of law are insufficient to establish discrimination.”
  • applying the burden- shifting framework
  • just over one month insufficient

Source: CourtListener parenthetical corpus (CC0).

Judges: Wollman, Gibson, Colloton

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.