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Denial of pay raise constitutes ultimate employment decision.

Fierros v. Texas Dept. of Health, 274 F.3d 187 (5th Cir. November 21, 2001) - This is a Title VII retaliation action. The district court granted summary judgment on behalf of the Department. The Fifth Circuit reverses and remands. Salome Fierros filed an administrative complaint alleging that a supervisor, Douglas Arnold, was subjecting her to discrimination based on national origin and gender. Seven months later, Arnold denied Fierros a merit pay raise of $57 per month that had been recommended by Fierros's immediate supervisor. On appeal, the two issues are whether Fierros was subjected to an adverse employment action and whether there was sufficient evidence of a causal link. In order to constitute an adverse employment action, the action must constitute an ultimate employment decision. The Court holds that the denial of a pay raise is an ultimate employment decision. With respect to the issue of a causal link, Fierros presented direct evidence that Arnold told her that she was denied the pay raise because she complained of discrimination. Click here to see actual case.