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other Systems Analyst learned Natural exclusively through the tutorial and on-the-job
training. The County's expectation that McAlindin do the same is not evidence of
retaliation. McAlindin's only response is that a County employee's statement that the
County "has been able to rely almost exclusively on [the tutorial] and project assignments
for our analysts to become proficient in Natural," indicates that some analysts have
received additional training. But even if that is the case, there is no evidence that the
additional training included funding off-site seminars or that any such opportunities were
distributed in a discriminatory manner. The possibility that some analyst may have
attended a seminar at some point in time does not entitle McAlindin to do the same.
Second, the County's failure to arrange a transfer is not evidence of retaliation. The
evidence shows that the County's policy is to place the onus for arranging transfers
[**33] on individual employees and the departments to which they wish to transfer. In
response to a letter from McAlindin's lawyer requesting a transfer, the County offered to
place McAlindin on the transfer list just like any other employee and said that it would
send him a transfer form.
Finally, McAlindin has offered no evidence to show that the County targeted him for
retaliatory treatment by citing him for sleeping. The County policy forbids sleeping at
work, and McAlindin's snoring apparently disrupted the work of his co-workers.
McAlindin does not contend, in the part of his FEHA claim that is on appeal, that he was
disciplined because of a disability in violation of the portion of the Act that proscribes
discrimination; rather, he asserts, without any evidentiary support, that he was disciplined
in retaliation for his protests against the alleged discriminatory treatment. We affirm the
district [*1240] court's grant of summary judgment on the retaliation claim. CONCLUSION 207 We therefore REVERSE the district cou...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08