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396 F.3d 998

Docket No. 04-1496.

Givens v. Cingular Wireless

Eighth Circuit Court of Appeals

Submitted: Feb. 4, 2005.

Filed: Feb. 7, 2005.

Eighth Circuit Court of Appeals · decided 2005-02-07

Cited by 16 later decisions — most recently June 2017

7 federal appellate · 3 district · 2 state decisions

2 counsel of record

Key passage — most relied on by later courts

“[P]lacing [an employee] on a `performance improvement plan,' without more, did not constitute an adverse employment action.”

quoted by 1 later decision, including Haynes v. Level 3 Communications, LLC

Relies on United States v. Bestfoods · Glick v. Fm Henderson · Jacob-Mua v. Veneman

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 2005-02-07

View the full empirical analysis of this case →

¶1Derek L. Givens, pro se, Little Rock, AR.

¶2Philip E. Kaplan, Regina Haralson, Kap-lan & Brewer, Little Rock, AR, for Appel-lee.

¶3Before WOLLMAN, MURPHY, and BENTON, Circuit Judges.

¶4PER CURIAM.

¶5Derek L. Givens appeals the district court’s1 adverse grant of summary judgment in his employment-discrimination action. Having carefully reviewed the record, see Jacob-Mua v. Veneman, 289 F.3d 517, 520 (8th Cir.2002) (standard of review), we affirm.

¶6As to Givens’s hostile-work-environment claim, we agree with the district court Givens did not show that he was subjected to conduct extreme enough to change the terms and conditions of his employment, see Burkett v. Glickman, 327 F.3d 658, 662 (8th Cir.2003), or that the conduct was due to his race or gender. As to Givens’s retaliation claim, we also agree that placing Givens on a “performance improvement plan,” without more, did not constitute an adverse employment action, see Henthorn v. Capitol Communications, Inc., 359 F.3d 1021, 1028 (8th Cir.2004) (negative employment review is actionable only if it is later used as basis to alter in detrimental way terms or conditions of recipient’s employment); and we find no *999basis in the record for a constructive-discharge claim, see Summit v. S-B Power Tool, 121 F.3d 416, 421 (8th Cir.1997) (explaining constructive discharge), cert. denied, 523 U.S. 1004, 118 S.Ct. 1185, 140 L.Ed.2d 316 (1998). Finally, Givens’s complaint about his counsel’s representation in the district court is not a basis for reversal. See Glick v. Henderson, 855 F.2d 536, 541 (8th Cir.1988).

¶7Accordingly, we affirm. See 8th Cir. R. 47B.

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