Did the 6th Circuit just approve a claim for benign discrimination?

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in Discrimination and Harassment,Human Resources

In Litton v. Talawanda School Dis­­trict (No. 10-3559, 6th Cir., 2012), a demoted and transferred custodian sued his employer for age and race discrimination. At trial, the jury re­­turned the following special verdict:

Did plaintiff, Clifford Litton, prove by a preponderance of the legal evidence that:

Defendant’s transfer of plaintiff to Talawanda Middle School constitutes a material adverse employment action?

No 

Yes

Defendant’s failure to return him to his position at Talawanda High School constitutes a material adverse employment action?

No  

Yes

Did plaintiff, Clifford Litton, prove by a preponderance of the legal evidence that:

His race was a motivating factor in defendant’s decision to transfer plaintiff to Talawanda Middle School?

No  

Yes 

His race was a motivating factor in defendant’s failure to return him to his position at Talawanda High School?

No  

Yes 

The problem

The jury concluded that Litton did n...(register to read more)

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