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In Title VII retaliation action, plaintiff failed to present sufficient evidence of an adverse employment action.

Von Gunten v. Maryland, 243 F.3d 858 (4th Cir. March 20, 2001) - In this Title VII retaliation action, the Court defines "adverse employment action" as follows: ". . . any retaliatory act or harassment, if, but only if, that act or harassment results in an adverse effect on the 'terms, conditions, or benefits' of employment." Under this definition, an adverse employment action can be something less than an ultimate employment decision. In this case, the plaintiff made complaints of sexual harassment and then allegedly suffered retaliation. The Court reviews the alleged retaliatory acts and agrees with the district court that none of them rise to the level of an adverse employment action under the facts of this case. The alleged retaliatory acts included: (1) withdrawing use of a state vehicle; (2) "downgrading" her year-end performance review; (3) reassignment to a different position; (4) improper treatment of various administrative matters; and (5) retaliatory harassment creating a hostile work environment. Click here to see actual case.