Two day suspension of postal worker not enough to prove retaliation

May 17, 2017

A postal employee who was put on unpaid leave for two days but was subsequently paid for the days missed cannot show that he suffered an adverse action necessary to prove retaliation, the 5th U.S. Circuit Court of Appeals ruled.

Javier Cabral is a letter carrier for the U.S. Postal Service. In 2012 and 2013, he complained repeatedly of discrimination, harassment and retaliation from his supervisors, and filed three equal employment opportunity (EEO) complaints and numerous union grievances. According to the Postal Service, Cabral was a difficult employee, struck one of his supervisors with a postal vehicle and engaged in various acts of insubordination. Cabral sued the Postal Service under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967, claiming that the Postal Service harassed him, retaliated against him for his complaints by placing him on two days of leave (initially unpaid), and discriminated against him based on his race, national origin and age. Cabral is Mexican-American and was in his mid-40s when the alleged misconduct occurred.

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