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Court Does Not Consider Written Warning An “Adverse Employment Action”

In a District Court case, a plaintiff’s weak discrimination and retaliation case also suffered from a ruling that a written warning he received for poor patient care supervision did not qualify as an “adverse employment action” under Title VII. Gregory Jarell v. Hospital for Special Care, 3:12-cv-920 (JCH), Sept. 25, 2014.

The Court stated: “Whether or not it is called ‘disciplinary,’ as one [of the employer’s employees] called this one, a memorandum that is merely a ‘written warning’ of a violation of the employer’s policy ‘does not constitute ‘materially adverse action’ for purposes of establishing a prima facie race discrimination case,” citing, Chang v. Safe Horizons, 254 Fed. App’x 838, 839 (2d Cir. 2007).