Army Employee’s Race Bias Suit Nixed for Lack of Adverse Job Act

The Army defeated discrimination, harassment, and retaliation claims by a Black instructor who sued over being investigated and disciplined after a student reported his personal business website offered appointments during Army work hours.

Carzell Middleton’s race bias claim fell short because he didn’t assert an adverse employment action, the US District Court for the Western District of Texas said Monday. It cited two recent Fifth Circuit decisions clarifying the requirements for pleading that element of a discrimination suit under Title VII of the 1964 Civil Rights Act.

Hamilton v. Dallas County overturned longstanding circuit precedent that limited adverse actions to ...