Friday, September 5, 2014

Fifth Circuit: In reversing motion to dismiss, the court held that Title VII plaintiff states a plausible claim that he suffered an “adverse employment action” where he alleges that he lost the essential job functions of a detective, he no longer uses his education and skills that he had acquired and regularly used as a detective, and his new position is less interesting, provides fewer opportunities for advancement, is less prestigious, and involves significantly diminished responsibilities; an employment decision need not result in a decrease in pay, title, or grade to constitute a demotion; it can be a demotion if the new position proves objectively worse—such as being less prestigious or less interesting or providing less room for advancement

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