Benningfield v. City of Houston

In Benningfield v. City of Houston, 157 F.3d 369, 376 (5th Cir.1998), cert denied, U.S. 119 S.Ct.1457, 143 L.Ed.2d 543 (1999), transferring an employee to the same position, but in a different shift, did not give rise to a retaliation claim under section 1983. 157 F.3d at 377. "Merely changing [the plaintiff's] hours, without more, does not constitute an adverse employment action." Id. The court in Benningfield distinguished the transfers in Click and Forsyth because those transfers "involved more than mere changes in working hours." Id. The Court held that false accusations, verbal reprimands, and investigations were not actionable adverse employment actions. In Benningfield, we concluded that a plaintiff alleging a retaliatory "campaign of harassment and retaliation," 157 F.3d at 374, was not constructively discharged because she did not show that a reasonable person in her shoes would have felt compelled to resign, see id. at 376-78.