GARY HERRON, Plaintiff, vs. DAIMLER CHRYSLER CORPORATION, Defendant., 267 F. Supp. 2d 941

Summary

The employee alleged that the employer discriminated against him on the basis of his race by subjecting him to unfavorable terms and conditions of employment, harassed him on the basis of his race, and then retaliated against him for complaining about his ill treatment. The court concluded, considering all of the incidents that the employee referred to in support of his claim of race discrimination, the employee was not subjected to a materially adverse employment action. The court also found that the employee's allegations did not rise to the level of actionable harassment. Moreover, the court found that the employee could not establish a prima facie case of retaliation. Finally, the court found that the employee's evidence of a constructive discharge was legally insufficient to survive summary judgment. The court reasoned that the employee suffered no "adverse employment actions."