Employees won’t get far if they try to sue their employer over discipline that has yet to occur.
Recent case: MaryGene Baldwin, who is black, lost out on a promotion she believed she deserved. From then on, she didn’t get along with her supervisor.
Baldwin signed up for an English class at work that met in the morning several times per week. She claimed her boss told her she needed to take the course if she was going to be considered for other promotion opportunities.
Around the same time, Baldwin was assigned to serve as a door guard in case of emergencies. The assignment potentially conflicted with the class so Baldwin sued, alleging her supervisor was setting her up to miss classes and face discipline if she refused to stand guard.
The court tossed out the case as speculative. (Baldwin v. WPAFB, No. 10-3980, 6th Cir., 2012)