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Givens v. Cingular Wireless

United States Court of Appeals, Eighth Circuit
Feb 7, 2005
396 F.3d 998 (8th Cir. 2005)

Summary

holding that placement on a PIP, without more, does not constitute an adverse employment action

Summary of this case from Fiero v. CSG Systems, Inc.

Opinion

No. 04-1496.

Submitted: February 4, 2005.

Filed: February 7, 2005.

Appeal from the United States District Court for the Eastern District of Arkansas, James M. Moody, J.

Derek L. Givens, pro se, Little Rock, AR.

Philip E. Kaplan, Regina Haralson, Kaplan Brewer, Little Rock, AR, for Appellee.

Before WOLLMAN, MURPHY, and BENTON, Circuit Judges.


Derek L. Givens appeals the district court's adverse grant of summary judgment in his employment-discrimination action. Having carefully reviewed the record, see Jacob-Mua v. Veneman, 289 F.3d 517, 520 (8th Cir. 2002) (standard of review), we affirm.

The Honorable James M. Moody, United States District Judge for the Eastern District of Arkansas.

As to Givens's hostile-work-environment claim, we agree with the district court Givens did not show that he was subjected to conduct extreme enough to change the terms and conditions of his employment, see Burkett v. Glickman, 327 F.3d 658, 662 (8th Cir. 2003), or that the conduct was due to his race or gender. As to Givens's retaliation claim, we also agree that placing Givens on a "performance improvement plan," without more, did not constitute an adverse employment action, see Henthorn v. Capitol Communications, Inc., 359 F.3d 1021, 1028 (8th Cir. 2004) (negative employment review is actionable only if it is later used as basis to alter in detrimental way terms or conditions of recipient's employment); and we find no basis in the record for a constructive-discharge claim, see Summit v. S-B Power Tool, 121 F.3d 416, 421 (8th Cir. 1997) (explaining constructive discharge), cert. denied, 523 U.S. 1004, 118 S.Ct. 1185, 140 L.Ed.2d 316 (1998). Finally, Givens's complaint about his counsel's representation in the district court is not a basis for reversal. See Glick v. Henderson, 855 F.2d 536, 541 (8th Cir. 1988).

Accordingly, we affirm. See 8th Cir. R. 47B.


Summaries of

Givens v. Cingular Wireless

United States Court of Appeals, Eighth Circuit
Feb 7, 2005
396 F.3d 998 (8th Cir. 2005)

holding that placement on a PIP, without more, does not constitute an adverse employment action

Summary of this case from Fiero v. CSG Systems, Inc.

holding that placement "on a `performance improvement plan,' without more, did not constitute an adverse employment action"

Summary of this case from Cole v. Illinois

holding that placing plaintiff "on a 'performance improvement plan,' without more, did not constitute an adverse employment action" for purposes of Title VII retaliation claim

Summary of this case from Brandes v. City of Waterloo

holding that placing an employee on a performance improvement plan, without more, does not constitute an adverse employment action

Summary of this case from Moss v. Texarkana Ark. Sch. Dist.

affirming the district court's finding that there was no basis for constructive discharge where plaintiff was placed on a PIP

Summary of this case from Fischer v. Andersen Corp.

noting than an employee's placement on a PIP "without more, did not constitute an adverse employment action"

Summary of this case from Yousefzadeh v. Hill-Rom Co.

placing employee on performance improvement plan without more not deemed adverse employment action

Summary of this case from Reyes-Feliciano v. Marshalls
Case details for

Givens v. Cingular Wireless

Case Details

Full title:Derek L. GIVENS, Appellant, v. CINGULAR WIRELESS, Appellee

Court:United States Court of Appeals, Eighth Circuit

Date published: Feb 7, 2005

Citations

396 F.3d 998 (8th Cir. 2005)

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