CourtCases2010

Dr sandweiss a treating physician calls his

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Unformatted text preview: otes- - - - - - - - - - - - - - - - - n12 We note that McAlindin has not presented evidence of any specific instances of harassment. He complains only of a very general sense of isolation in the workplace. - - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - The remaining incidents, however, do qualify as adverse employment actions. We have previously rejected the County's argument that adverse actions must be severe. "[A plaintiff] need not show that she was fired, demoted, or suffered some financial loss . . . ." Bouman v. Block, 940 F.2d 1211, 1229 (9th Cir. 1991). [**31] In Bouman, we held that if a transfer to a "position was not made available to [plaintiff] because of her involvement in protected activities," then she suffered an adverse employment decision. Id. 206 Nonetheless, McAlindin's retaliation claim ultimately fails because he has not established the third element of a prima facie retaliation claim: that the adverse actions occurred because of his protected activities. See Strother, 79 F.3d at 868. The undisputed evidence shows that all of the adverse actions occurred because the County followed universallyapplied policies, and not because McAlindin was targeted for unfavorable treatment on account of his protected activities. We address each of McAlindin's retaliation claims below. McAlindin was not targeted for unfavorable treatment because of his protected activities; to the contrary, he was treated like all other employees. Although the ADA imposes a different standard by virtue of the duty to make reasonable accommodations, see supra, under FEHA, McAlindin must show that he was targeted for adverse treatment. McAlindin attempts to establish adverse treatment in four ways. First, McAlindin claims that [**32] the County denied him the opportunity to attend an off-site training seminar in the Natural computer language. The evidence indicates that the County expects its employees to learn Natural from a computer tutorial that they can use at...
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