Green v. Donahoe

Marvin Green, a former postmaster, claimed the U.S. Postal Service retaliated against him after he made employment-discrimination claims. He was investigated, threatened with criminal prosecution, and put on unpaid leave. Shortly after being put on leave, he signed a settlement agreement with the Postal Service that provided him paid leave for three and a half months, after which he could choose either to retire or to work in a position that paid much less and was about 300 miles away. Ultimately, he decided to retire. He then filed a complaint against the Postmaster General alleging five retaliatory acts in violation of Title VII of the Civil Rights Act of 1964: (1) a letter notifying him to attend an investigative interview; (2) the investigative interview; (3) a threat of criminal charges against him; (4) his constructive discharge; and (5) his placement on unpaid leave (also known as emergency placement). The district court dismissed the first three claims for failing to exhaust administrative remedies. On the two remaining claims it granted summary judgment for the Postmaster, holding that the constructive-discharge claim was untimely and that emergency placement was not a materially adverse action. The Tenth Circuit affirmed the district court in all respects save one: the Court agreed with Green that the emergency placement was a materially adverse action (being put on unpaid leave would dissuade a reasonable employee from engaging in protected activity). The case was remanded for further proceedings. View "Green v. Donahoe" on Justia Law