The United States Court of Appeals for the Eighth Circuit, in Littleton v. Pilot Travel Center, LLC, held that a written reprimand, called a “Correction Notice,” notifying an employee that if he did not discontinue his inappropriate and harassing conduct that he would be terminated was not an “adverse employment action” sufficient to support a retaliation claim. The Court reasoned that the Correction Notice was not “materially adverse” under the Burlington test because it did not “harmfully impact” his employment. A copy of the decision can be read here.

If you would like additional information or guidance on retaliation claims, please contact Eric W. Gunderson.