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Special Ed teacher loses retaliation claim

Elysa Rott took a retirement from the Madison  District Public Schools after being shuffled through several positions over the course of two school years.  She claimed that her retirement was a "constructive discharge" and that the district had caused her to take a psychiatric leave  and then to retire, by moving her from job to job.   She argued that the successive moves were retaliation for claims she raised after the first transfer to a special ed/counseling position at a different school. 

The Court agreed with Rott that it was for the jury to determine whether shuffling her job duties was a "materially adverse employment action".  Nevertheless, it upheld the dismissal.  It held that Rott had not met her burden of proof in demonstrating even arguable evidence of unlawful discrimination.  While the record created by Plaintiff demonstrated that she disagreed with her job assignments and their suitability for Rott, the record did not show an ulterior motive or improper, discriminatory animus.

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