HILLIG v. RUMSFELD

No. 02-1102.

381 F.3d 1028 (2004)

Terrie L. HILLIG, Plaintiff-Appellant, v. Donald H. RUMSFELD, Secretary, Department of Defense, Defense Finance and Accounting Service (DFAS), Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 27, 2004.


Attorney(s) appearing for the Case

Barry Douglas Roseman, Esq., Roseman & Kazmierski, LLC, Denver, CO, for Plaintiff-Appellant.

Rachel J. Hines, Attorney, Civil Division (Robert D. McCallum, Jr., Assistant Attorney General, and Marleigh Dover, Attorney, Civil Division, with her on the brief), United States Department of Justice, Washington, D.C., for Defendants-Appellees.

Kristen L. Mix and Danielle V. Wiletsky, Welborn Sullivan Meck & Tooley, P.C., Denver, CO, and Paula Brantner, National Employment Lawyers Association, San Francisco, CA, filed an amicus brief for the National Employment Lawyers Association.

Before O'BRIEN, HOLLOWAY and McWILLIAMS, Circuit Judges.


HOLLOWAY, Circuit Judge.

This is an appeal from a judgment as a matter of law for the defendants-appellees in an employment discrimination case after the jury had returned a verdict for the plaintiff. The district court so held on the ground that an "adverse employment action," under Title VII, may be only those employment actions that result in "tangible harm" to the plaintiff. We disagree and, for the reasons detailed below, hold that a plaintiff need only show...

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