AuBuchon v. Geitner, No. 12-3991 (8th Cir. 2014)
Annotate this CasePlaintiff filed suit against Timothy Geithner, in his capacity as the Secretary of the Treasury, for retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. The court concluded that no senior-international-agent position was available to which plaintiff could be promoted based on his work in the "M" case and plaintiff failed to demonstrate that the IRS's failure to promote him to a senior international agent for his work on the "M" case constituted a materially adverse employment action; failed to demonstrate unlawful retaliation because no reasonable juror could determine that the IRS undertook material adverse employment actions; and failed to demonstrate constructive discharge. Accordingly, the court affirmed the judgment of the district court.
Court Description: Civil case - Employment Discrimination. In an action alleging the IRS retaliated against plaintiff by failing to promote him to the position of senior international agent, no such position was available to which plaintiff could be promoted and no reasonable employee would have found the IRS's failure to promote to be a materially adverse employment action; other claims of material adverse employment action rejected; the IRS's actions did not constitute constructive discharge.
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