11th Circuit: Exposure to Subjectively Unpleasant Weather Conditions and Deprivation of Office Amenities is not Adverse Employment Action
1 min read
Sep 30, 2014
Henry McCone worked for several years as a non-driving customer service associate. His job duties involved opening received mail and preparing outgoing mail. Pitney Bowes transferred him to a position requiring him to drive correspondence and files between sites in the Orlando area. The result was McCone had to endure unfavorable weather conditions and lost regular access to office amenities, such as air-conditioning, restrooms, a microwave oven, and a refrigerator. Two women who also served as customer service associates were neither trained nor required to work as a driver.
McCone received a negative performance evaluation after complaining of the reassignment and therefore sued Pitney Bowes for gender discrimination under Title VII, which requires a plaintiff to prove he suffered an adverse employment action. McCone alleged the adverse weather and lost office amenities constituted an adverse employment action. The district court disagreed and dismissed his lawsuit with prejudice. McCone appealed but the Eleventh Circuit affirmed.
The appeals court held, as a matter of law, that the changed conditions were not actionable adverse changes under Title VII because a reasonable person would consider them ordinary tribulations of the workplace. The appeals court noted the alleged negative review did not save his claim because he could not allege this review lead to any negative consequences.
This decision, McCone v. Pitney Bowes, Inc., No. 14-11119 (11th Cir. September 5, 2014), confirms that employers retain flexibility in staffing decisions, but implies that a transfer to a less desirable position may lead to potential claims which will survive a motion to dismiss if the employee does not succeed at the new position and is disciplined as a result. Employers should carefully evaluate and document the circumstances any such transfers to ensure that, if the employee does not succeed in the new position, then the employer will be posed to eliminate any such claims on summary judgment.
Topics
Featured Insights

Event
Apr 23, 2026
Driving Ahead: Insights from Industry Leaders Auto Finance Seminar

Consumer Crossroads: Where Financial Services and Litigation Intersect
Mar 13, 2026
DOJ Settlement with Car Retailer Highlights SCRA Repossession Risks

Privacy, Cyber & AI Decoded Alert
Mar 11, 2026
Compliance Considerations for GDPR Consent in Biotech Clinical Research

Press Release
Mar 4, 2026
Marcia Mueller Named the 2026 Mentorship Award Winner by YWCA Northwestern Illinois

Press Release
Mar 3, 2026
Hinshaw Announces New Administrative Leadership Appointments

In The News
Feb 27, 2026
Hinshaw Partners Examine Implications for Nursing Homes of New Illinois Aid-in-Dying Law

In The News
Feb 24, 2026
Lucy Wang Authors Law360 “Expert Analysis” on Why Attorney Civility Means More in 2026

Press Release
Feb 13, 2026
Hinshaw Team Wins Appeal in Criminal Indictment of Waukegan City Clerk Janet Kilkelly

Press Release
Feb 10, 2026
Hinshaw Trial Team Secures $0 Defense Verdict in $15 Million Auto Accident Trial

Press Release
Feb 5, 2026
Hinshaw Legal Team Secures Directed Verdict in Florida Equine Fraud Case

Press Release
Feb 4, 2026
Hinshaw Celebrates 17 Consecutive Years of Being Named an Equality 100 Award Winner
![[Video] New Regulatory Priorities Under Mayor Mamdani’s NYC Department of Consumer and Worker Protection](/a/web/oHiTWa7kRy3Ht1brq6k4BT/bkMx39/new-york-city-skyline.jpg)
