Jones v. SE Pa. Transp. Auth., No. 14-3814 (3d Cir. 2015)
Annotate this CaseSoutheastern Pennsylvania Transportation Authority (SEPTA) supervisor Outlaw suspended Jones with full pay after he discovered apparent fraud in her timesheets. Jones complained to SEPTA’s Equal Employment Opportunity Office that Outlaw had “sexually harassed” and “retaliated against” her. Outlaw referred the timesheet matter to SEPTA’s Office of Inspector General, which concluded that Jones collected pay for days she hadn’t worked by submitting fraudulent timesheets. SEPTA terminated her. Jones filed a complaint with the Pennsylvania Human Relations Commission. SEPTA ended its internal investigation, concluding that Outlaw had engaged in inappropriate behavior by once asking Jones to step on his back to relieve spinal pain. This was noted in Outlaw’s performance evaluation, and he was required to attend training regarding SEPTA’s sexual harassment policy. Jones filed suit, alleging gender discrimination and retaliation in violation of Title VII of the Civil Rights Act and the Pennsylvania Human Rights Act; violation of the Fourteenth Amendment; common law wrongful termination; and retaliation under the Family and Medical Leave Act. The district court rejected all claims. The Third Circuit affirmed. Jones’s suspension with pay did not constitute an adverse employment action under Title VII. Any adverse actions Jones did suffer were not sufficiently linked to any alleged misconduct to support a claim of discrimination or retaliation.
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