No Adverse Employment Action Shown in Race Discrimination Case

Thompson v. Exxon Mobil Corp., --- F.Supp.2d ----, 2004 WL 2580678 (E.D.Tex. Oct 25, 2004) (NO. CIV.A.1:02-CV-693)
Judge: Crone
Division:Beaumont
Holding: Defendant's Motion for Summary Judgment GRANTED
COMMENTS:
Defendant sought summary judgment on the Plaintiffs' claims for racial discrimination and retaliation.  Judge Crone granted the motion, holding that under the disparate treatment standard, while the Plaintiffs had established the first two elements of a prima facie case, i.e., they are members of a protected class and they are qualified for the positions they hold, they had not established the third and fourth elements, i.e., that they suffered an adverse employment action or that others outside the class who are similarly situated were treated more favorably.
Practice Tip:  Judge Crone noted that while the Plaintiffs asserted several claims in their pleadings, they only addressed two  in their response to the summary judgment motion, even though the motion itself challenged all of the claims asserted. Consequently, the court deemed the Plaintiffs to have abandoned the remainder of their claims by failing to raise them in their responsive brief