No. 98-2085, 178 F.3d 253 (4th Cir. 1999). · Go Syfert
No. 98-2085, 178 F.3d 253 (4th Cir. 1999). Cases Citing This Book View Copy Cite
526 citation events (516 in the last 25 years) across 20 distinct courts.
Strongest positive: Winsett v. H&S Resources Corporation (mdd, 2025-01-21)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Winsett v. H&S Resources Corporation
D. Maryland · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
ischarge, demotion, decrease in pay or benefits, loss of job title or supervisory responsibility, or reduced opportunities for promotion' constitute adverse actions.
discussed Cited as authority (verbatim quote) McLeod v. Pleasant Construction
D. Maryland · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
congress did not intend title vii to provide redress for trivial discomforts endemic to employment.
discussed Cited as authority (verbatim quote) Sims v. University of Maryland Medical System Corporation (2×) also: Cited "see"
D. Maryland · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
congress did not intend title vii to provide redress for trivial discomforts endemic to employment.
examined Cited as authority (verbatim quote) Abdelhamid v. Secretary Of The Navy (2×) also: Cited as authority (rule)
E.D. Va. · 2021 · quote attribution · 1 verbatim quote · confidence high
although may have experienced increased stress in the new job ... reassignment can only form the basis of a valid title vii claim if the plaintiff can show that the reassignment had some significant detrimental effect.
discussed Cited as authority (verbatim quote) Jackson v. Maryland Department of Commerce
D. Maryland · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
congress did not intend title vii to provide redress for trivial discomforts endemic to employment.
discussed Cited as authority (verbatim quote) Garrett v. Cape Fox Facilities Services
E.D. Va. · 2020 · quote attribution · 1 verbatim quote · confidence high
congress did not intend title vii to provide redress for trivial discomforts endemic to employment
examined Cited as authority (verbatim quote) Harris v. Wormuth (3×) also: Cited as authority (rule), Cited "see, e.g."
D. Maryland · 2019 · signal: see also · quote attribution · 1 verbatim quote · confidence high
congress did not intend title vii to provide redress for trivial discomforts endemic to employment.
discussed Cited as authority (rule) Jerome Sandberg v. Kristi Noem, in her official capacity as U.S. Secretary of Homeland Security
D. Maryland · 2025 · confidence medium
In a failure-to- accommodate case, “the discipline at issue is usually ‘discharge, demotion, decrease in pay or benefits, loss of job title or supervisory responsibility, or reduced opportunities.’” Abdelkader v. Sears, Roebuck & Co., 780 F.Supp.2d 389, 395 (D.Md. 2011) (quoting Boone v. Goldin, 178 F.3d 253, 255 (4th Cir. 1999), abrogated on other grounds by, Muldrow v. City of St.
discussed Cited as authority (rule) Saira Ghumman v. Boeing Intelligence & Analytics, Inc.
D. Maryland · 2025 · confidence medium
Thus, had Plaintiff argued that the allegedly discriminatory performance review for the year 2021, despite not being overtly “negative” or constituting a decline from previous reviews, nevertheless detrimentally impacted the terms of her employment, this would likely, in substance, suffice as an “adverse employment action.” See Mackall v. Colvin, No. ELH-12-1153, 2015 WL 412922 , at *17 (“Typically, an adverse employment action has been found in cases of ‘discharge, demotion, decrease in pay or benefits, loss of job title or supervisory responsibility, or reduced opportunities for …
discussed Cited as authority (rule) Fayette County Board of Education v. Kelvin Bruce Mitchell
Ky. Ct. App. · 2025 · confidence medium
In short, the action must have a “significant detrimental effect” on the employee’s status, Boone v. Goldin, 178 F.3d 253, 256 (4th Cir. 1999), as evidenced by objective factors, not subjective impressions.
cited Cited as authority (rule) Williams v. B-A-R-C Electric Cooperative
W.D. Va. · 2025 · confidence medium
Boone v. Goldin, 178 F.3d 253, 255 (4th Cir. 1999).
cited Cited as authority (rule) Perkins v. University of Maryland School of Nursing
D. Maryland · 2025 · confidence medium
Boone v. Goldin, 178 F.3d 253, 255 (4th Cir. 1999) abrogated by Muldrow v. City of St.
discussed Cited as authority (rule) Jenkins v. University of Maryland Capital Regional Health
D. Maryland · 2025 · confidence medium
Md. 2018) (“‘Discharge’ from employment is one form of adverse employment action.”) (citing Boone □□□ Goldin, 178 F.3d 253, 255 (4th Cir. 1999)); see also Dowe v. Total Action Against Poverty in □ Roanoke Valley, 145 F.3d 653, 656-57 (4th Cir. 1998) (recognizing discharge as an adverse . employment action).
discussed Cited as authority (rule) De La Torre v. Becerra
D. Maryland · 2025 · confidence medium
At the time the Government filed its motion to dismiss, an adverse action in this Circuit had been confined to “discharge, demotion, decrease in pay of benefits, loss of job title or supervisory responsibility, or reduced opportunities for promotion. . . .” Boone v. Goldin, 178 F.3d 253, 255 (4th Cir. 1999), abrogated by Muldrow v. City of St.
discussed Cited as authority (rule) Glanville v. The Mayor and City Council of Baltimore, Maryland: Baltimore Police Department
D. Maryland · 2024 · confidence medium
On the other hand, “‘discharge, demotion, decrease in pay or benefits, loss of job title or supervisory responsibility, or reduced opportunities for promotion’ constitute adverse actions.” Yampierre, 2022 WL 3577268 , at *34 (quoting Boone v. Goldin, 178 F.3d 253, 255 (4th Cir. 1999), abrogated on other grounds by Muldrow, 601 U.S. 346 )).
discussed Cited as authority (rule) Dept. of Health v. Best
Md. Ct. Spec. App. · 2024 · confidence medium
Under Boone and Booz-Allen, a “reassignment [could] only form the basis of a valid Title VII claim if the plaintiff [could] show that the reassignment had some significant detrimental effect.” Boone, 178 F.3d at 256 (emphasis added); Booz-Allen, 368 F.3d at 376 .
discussed Cited as authority (rule) Rivera v. U.S. Department of Defense
E.D. Va. · 2024 · confidence medium
Co. v. White, 548 U.S. 53, 68 (2006) (internal citations omitted).® Materially adverse actions comprise “ultimate employment decisions, such as an employer’s desire to hire, fire, promote, or demote an employee,” as well as “actions that have a ‘significant detrimental effect’ on an employee.” Widmer, 2023 WL 2250283 , at *7 (quoting Boone v. Goldin, 178 F.3d 253, 256 (4th Cir. 1999)).
discussed Cited as authority (rule) Bonaffini v. Brooklyn College
E.D.N.Y · 2024 · confidence medium
Bd. of Educ., 834 F. App’x 820 , 821 (4th Cir. 2021) (per curiam) (school principal forced into a non-school-based administrative role supervising fewer employees deemed not “significant”); Daniels v. United Parcel Serv., Inc., 701 F.3d 620, 635 (10th Cir. 2012) (shipping worker changed from normal hours to only nighttime hours not a “significant” change); Boone v. Goldin, 178 F.3d 253, 256 (4th Cir. 1999) (engineering technician forced to work at a new job site consisting of a 14-by-22- foot wind tunnel didn’t have a “significant detrimental effect.”).
discussed Cited as authority (rule) Stanley McCaffery v. Fairfax County
E.D. Va. · 2024 · confidence medium
A reassignment to a less appealing job is an adverse action if it has a “significant detrimental effect,” such as a “decrease in compensation, job title, level of responsibility, or opportunity for promotion.” Boone v. Golden, 178 F.3d 253, 256 (4th Cir. 1999); Booz-Allen & Hamilton, Inc., 368 F.3d at 375 (explaining that the “mere fact that a new job assignment is less appealing to the employee . . . does not constitute adverse employment action”).
discussed Cited as authority (rule) Price v. Amazon Retail LLC
D. Maryland · 2024 · confidence medium
Md. 2022) (“‘[D]ischarge, demotion, decrease in pay or benefits, loss of job title or supervisory responsibility, or reduced opportunities for promotion’ constitute adverse actions.”) (quoting Boone v. Goldin, 178 F.3d 253, 255 (4th Cir. 1999), abrogated on other grounds by Muldrow v. City of St.
discussed Cited as authority (rule) Saville v. Northwestern Regional Jail Authority
W.D. Va. · 2024 · confidence medium
Second, “absent any decrease in compensation, job title, level of responsibility, or opportunity for promotion, reassignment to a new position commensurate with one’s salary level does not constitute an adverse employment action even if the new job does cause some modest sttess not present in the previous position.” Holland, 487 F.3d at 219 (quoting Boone v. Goldin, 178 F.3d 253, 256-57 (4th Cir. 1999)).
cited Cited as authority (rule) Johnson v. Baltimore City, Maryland: Baltimore Police Department
D. Maryland · 2024 · confidence medium
Boone v. Goldin, 178 F.3d 253, 256 (4th Cir. 1999).
cited Cited as authority (rule) Aly v. United States Department of Treasury
D. Maryland · 2024 · confidence medium
Aug. 28, 2012) (quoting Boone v. Goldin, 178 F.3d 253, 255 (4th Cir. 1999)).
discussed Cited as authority (rule) Muldrow v. City of St. Louis
SCOTUS · 2024 · confidence medium
An engineering technician is assigned to work at a new job site—specifically, a 14-by-22- foot wind tunnel; a court rules that the transfer does not have a “significant detrimental effect.” Boone v. Goldin, 178 F. 3d 253, 256 (CA4 1999).
discussed Cited as authority (rule) Muldrow v. City of St. Louis
SCOTUS · 2024 · confidence medium
An engineering technician is assigned to work at a new job site—specifcally, a 14-by-22- foot wind tunnel; a court rules that the transfer does not have a “signifcant detrimental effect.” Boone v. Goldin, 178 F. 3d 253, 256 (CA4 1999).
discussed Cited as authority (rule) Herkert v. Kijakazi (2×)
D. Maryland · 2024 · confidence medium
The Fourth Circuit has also held within the context of a Title VII claim that to be actionable as part of a discrimination claim, “a reassignment [must have] had some significant detrimental effect.” James v. Booz-Allen & Hamilton, Inc., 368 F.3d 371, 376 (4th Cir. 2004) (quoting Boone v. Goldin, 178 F.3d 253, 256 (4th Cir. 1999)); see also, Edmonson v. Potter, 118 F. App’x 726, 729 (4th Cir. 2004) (“A transfer in duties or reassignment that does not result in any decrease in salary, benefits, or rank cannot constitute an adverse employment action necessary to state a prima facie case …
discussed Cited as authority (rule) Clarke v. Barnhart
D. Maryland · 2024 · confidence medium
June 23, 2023) (quoting Boone v. Goldin, 178 F.3d 253, 256 (4th Cir. 1999) (categorizing hiring, firing, failing to promote, and reassignment to a new position with different responsibilities as “adverse”)). “[DJenial of a training opportunity” is adverse only if “the denial materially affects the plaintiff's pay, hours, job title, responsibilities, promotional □ opportunities, and the like.” Walker v. D.C. 2 279 F. Supp. 3d 246 , 262 (D.D.C. 2017).
discussed Cited as authority (rule) Wright v. Hertford County Board of Education
E.D.N.C. · 2024 · confidence medium
The adverse employment action requirement recognizes that Congress did not intend section 1981 to “provide - redress for trivial discomforts endemic to employment.” Boone v. Goldin, 178 F.3d 253, 256 (4th Cir. 1999), An adverse employment action is one that a reasonable employee would find materially adverse, which means it “might have dissuaded a reasonable worker from making or supporting a charge of discrimination.” Burlington N. & Santa Fe Ry., 548 U.S. at 68 (quotation omitted).
discussed Cited as authority (rule) Morley v. Energy Services of America Corp.
S.D.W. Va · 2024 · confidence medium
A plaintiff bears the burden of showing the change had “some significant detrimental effect.” James, 368 F.3d at 376 . “‘[A]bsent any decrease in compensation, job title, level of Morley’s incorporation of “the previous paragraphs as if set forth herein” in Paragraph 86 and nonspecific damages in Paragraphs 96 and 100), allows the Court to conclude that Count II contains statutory retaliation claims relating both to Morley’s alleged demotion and termination. responsibility, or opportunity for promotion, reassignment to a new position commensurate with one’s salary level does …
discussed Cited as authority (rule) Jenkins v. NC Department of Transportation
W.D.N.C. · 2023 · confidence medium
Regardless, the Court infers from the facts alleged that Plaintiffs consistent trips home to pump could have caused her to suffer reduced opportunities for promotion, recognized as an adverse employment action by the Fourth Circuit in Boone v. Goldin, 178 F.3d 253, 255 (4th Cir. 1999).
discussed Cited as authority (rule) Henderson v. Janjer Enterprises, Inc.
D. Maryland · 2023 · confidence medium
Coll., 479 F. Supp. 2d 551, 557 (D.S.C. 2007) (citing Boone v. Goldin, 178 F.3d 253, 256 (4th Cir. 1999)), Henderson stated in her Complaint that on September 20, 2020, she “requested a transfer” because of the way her Training Manager was treating her.
discussed Cited as authority (rule) Ferrell v. Army and Air Force Exchange Service
D. Maryland · 2023 · confidence medium
Adverse actions can include “discharge, demotion, decrease in pay or benefits, loss of job title or supervisory responsibility, or reduced opportunities for promotion[.]” Boone v. Goldin, 178 F.3d 253, 255 (4th Cir. 1999).
discussed Cited as authority (rule) Taylor v. Becerra
D. Maryland · 2023 · confidence medium
Examples of adverse employment actions include “discharge, demotion, decrease in pay or benefits, loss of job title or supervisory responsibility, or reduced opportunities for ~ promotion.” Boone v. Goldin, 178 F.3d 253, 255 (4th Cir. 1999).
discussed Cited as authority (rule) Hubbard v. FEDEX Ground Package System, Inc.
E.D.N.C. · 2023 · confidence medium
Generally, a lateral transfer does not constitute an adverse employment action, unless the reassignment had “some significant detrimental effect[.]” Boone v. Goldin, 178 F.3d 253, 256 (4th Cir. 1999).
discussed Cited as authority (rule) Washington v. Baltimore City Police Department
D. Maryland · 2023 · confidence medium
And so, typically, an adverse employment action includes “discharge, demotion, decrease in pay or benefits, loss of job title or supervisory responsibility, or reduced opportunities for promotion.” Boone v. Goldin, 178 F.3d 253, 255 (4th Cir. 1999).
discussed Cited as authority (rule) Everett v. Horry County Police Dept. (2×) also: Cited "see"
D.S.C. · 2023 · confidence medium
Typical examples of adverse employment actions include "discharge, demotion, decrease in pay or benefits, loss of job title or supervisory responsibility, [and] reduced opportunities for promotion." Boone v. Goldin, 178 F.3d 253, 255-56 (4th Cir. 1999). "[A]n employee's dissatisfaction with this or that aspect of work does not mean an employer has committed an actionable adverse action." James v. Booz-Allen & Hamilton, Inc., 368 F.3d 371, 377 (4th Cir. 2004); Foresyth v. Wormuth, No. 21-2000, 2023 WL 5317958 , at *2 (4th Cir. Aug. 18, 2023).
discussed Cited as authority (rule) Blackmon v. Spahn
D. Maryland · 2023 · confidence medium
Such adverse actions include “discharge, demotion, decrease in pay or benefits, loss of job title or supervisory responsibility, or reduced opportunities for promotion.” Boone v. Goldin, 178 F.3d 253, 255 (4th Cir. 1999).
discussed Cited as authority (rule) Onwudiwe v. Becerra
D. Maryland · 2023 · confidence medium
Such adverse actions could take the form of “discharge, demotion, decrease in pay or benefits, loss of job title or supervisory responsibility, or reduced opportunities for promotion.” Boone v. Goldin, 178 F.3d 253, 255 (4th Cir. 1999).
discussed Cited as authority (rule) Rainey v. Yellen
D. Maryland · 2023 · confidence medium
Such actions include those which result in “discharge, demotion, decrease in pay or benefits, loss of job title or supervisory responsibility, or reduced opportunities for promotion.” Boone v. Goldin, 178 F.3d 253, 255 (4th Cir. 1999).
discussed Cited as authority (rule) Jackson v. DeJoy
D. Maryland · 2023 · confidence medium
Specifically, no facts support that Jackson experienced a “tangible” harm like “discharge, demotion, decrease in pay or benefits, loss of job title or supervisory responsibility, or reduced opportunities for promotion.” /d. (quoting Boone v. Goldin, 178 F.3d 253, 255-56 (4th Cir. 1999)).
cited Cited as authority (rule) Richardson v. Maximus, Inc.
E.D. Va. · 2023 · confidence medium
Boone v. Goldin, 178 F.3d 253, 256 (4th Cir. 1999).
cited Cited as authority (rule) Jennings v. Frostburg State University
D. Maryland · 2023 · confidence medium
Boone v. Goldin, 178 F.3d 253, 255 (4th Cir. 1999).
discussed Cited as authority (rule) Herbert v. University of Maryland
D. Maryland · 2023 · confidence medium
Examples include “discharge, demotion, decrease in pay or benefits, loss of job title or supervisory responsibility, or reduced opportunities for promotion[.]” Boone v. Goldin, 178 F.3d 253, 255 (4th Cir. 1999).
cited Cited as authority (rule) Jennings v. Frostburg State University
D. Maryland · 2023 · confidence medium
Boone v. Goldin, 178 F.3d 253, 255 (4th Cir. 1999).
discussed Cited as authority (rule) U.S. Equal Employment Opportunity Commission v. Golden Entertainment, Inc. (2×)
D. Maryland · 2023 · confidence medium
Ray v. Int’l Paper Co., 909 F.3d 661, 670 (4th Cir. 2018) (citing Boone v. Goldin, 178 F.3d 253, 255 (4th Cir. 1999) (explaining that an actionable adverse employment action is one in which an employee suffers a “discharge, demotion, decrease in pay or benefits, loss of job title or supervisory responsibility, or reduced opportunities for promotion”).
cited Cited as authority (rule) Schrof v. Clean Earth, Inc.
D. Maryland · 2023 · confidence medium
Md. 2016) (citing Boone v. Goldin, 178 F.3d 253, 255 (4th Cir. 1999)).
examined Cited as authority (rule) Carr v. The United States of America (3×) also: Cited "see"
E.D.N.C. · 2023 · confidence medium
Boone v. Goldin, 178 F.3d 253, 256 (4th Cir. 1999); see Adams, 789 F.3d at 429-30 ; Williams v. Brunswick Cnty.
discussed Cited as authority (rule) Jacques v. Baltimore Police Department
D. Maryland · 2023 · confidence medium
Aug. 18, 2022) (finding a BPD officer had sufficiently pled adverse action when she alleged she was reassigned to work as a “medical locator” and transferred to a patrol post and declining to find, at the dismissal stage, whether these reassignments imposed a significant detrimental impact on the plaintiff’s employment); Ortiz, 2023 WL 1801965 , at *6 (declining to dismiss a retaliation claim by a BPD officer when the BPD initiated disciplinary proceedings only against the plaintiff “and not against others with similar involvement” long after the incident on which those proceedings w…
discussed Cited as authority (rule) Jones v. Eli Lilly and Company
D. Maryland · 2023 · confidence medium
Adverse actions include “discharge, demotion, decrease in pay or benefits, loss of job title or supervisory responsibility, or reduced opportunities for promotion.” Boone v. Goldin, 178 F.3d 253, 255 (4th Cir. 1999) (emphasis added).
discussed Cited as authority (rule) Gaines v. Baltimore City, Maryland (2×)
D. Maryland · 2023 · confidence medium
The typical requirements for a showing of an adverse employment action include “discharge, demotion, decrease in pay or benefits, loss of job title or supervisory responsibility, or reduced opportunities for promotion.” Boone v. Goldin, 178 F.3d 253, 255 (4th Cir.1999).
Retrieving the full opinion text from the archive…
No. 98-2085
253.
Court of Appeals for the Fourth Circuit.
May 17, 1999.
178 F.3d 253
Published

178 F.3d 253,
Vernet P. BOONE, Plaintiff-Appellant,
v.
Daniel S. GOLDIN, in his official capacity as Administrator,
National Aeronautics and Space Administration,
Defendant-Appellee,
and
Charles M. Southall, III; Wayne C. Hogge; Billy W. Beasley,
Defendants.

No. 98-2085.

United States Court of Appeals,
Fourth Circuit.

Argued April 9, 1999.
Decided May 17, 1999.

ARGUED: Sa'ad El-Amin, El-Amin & Crawford, Richmond, Virginia, for Appellant. Anita K. Henry, Assistant United States Attorney, United States Attorney's Office, Norfolk, Virginia, for Appellee. ON BRIEF: Beverly D. Crawford, El-Amin & Crawford, Richmond, Virginia, for Appellant. Helen F. Fahey, United States Attorney, United States Attorney's Office, Norfolk, Virginia, for Appellee.

Before HAMILTON, MOTZ, and TRAXLER, Circuit Judges.

Affirmed by published opinion. Judge DIANA GRIBBON MOTZ wrote the opinion, in which Judge HAMILTON and Judge TRAXLER joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

[*~253]1

Vernet P. Boone brought this action, alleging that her employer, the National Aeronautics and Space Administration (NASA), and individual supervisors employed by NASA violated the antidiscrimination and anti-retaliation provisions of Title VII of the Civil Rights Act of 1964 by reassigning her to a different position within NASA. Because the reassignment does not qualify as an adverse employment action, we affirm the district court's grant of summary judgment to NASA.

I.

2

Boone, an African-American civilian employee, works as an electrical engineering technician at NASA's Langley Research Center in Hampton, Virginia, where she has been employed since 1978. For much of her time at NASA Boone was employed in the Acoustics Research Laboratory. In 1994 she filed an administrative claim asserting that she had been denied a promotion to GS-11 status because of her race and gender. The following year she was promoted, and she then entered into a settlement agreement with NASA.

3

A year later, on June 25, 1996, NASA informed Boone that it was reassigning her to the Electrical Control Systems' 14-foot-by-22-foot wind tunnel. She responded by filing a second administrative claim in which she charged inter alia that this reassignment breached the settlement agreement. When the matter was not resolved to her satisfaction, in June 1997 Boone filed this action under Title VII alleging that NASA and certain supervisors had reassigned her to the wind tunnel for discriminatory and retaliatory reasons. See 42 U.S.C.A. §§ 2000e-2, 2000e-3 (West 1994). She claims that poor working conditions in the wind tunnel made it an undesirable place to work, and that transfer to it thus constituted a significant or material change in her working conditions sufficient to rise to the level of an adverse employment action.

[*~254]4

The district court granted summary judgment to NASA, reasoning that the reassignment did not constitute an adverse employment action. The court explained that the reassignment caused Boone no reduction in grade, salary, benefits, level of responsibility, or title. In fact, while her position in the lab was not one commensurate with her GS-11 salary, the new position in the wind tunnel was; Boone had been paid as a GS-11 for her work in the lab, but that position only required a GS-10 salary and her replacement received a GS-10 salary. Moreover, Boone failed to present any evidence that the reassignment would reduce her opportunities for future reassignments or promotions, and NASA offered evidence to the contrary, suggesting that because of the wind tunnel's importance to its operations, the reassignment would better position Boone for future promotions. Finally, the court noted that Boone was unable to offer substantial evidence of poor working conditions in the wind tunnel.

II.

[*~255]5

We must affirm. Although Boone may have experienced increased stress in the new job (according to her deposition testimony, this was due chiefly to its unfamiliarity and its more stringent deadlines), she did not allege discharge, demotion, decrease in pay or benefits, loss of job title or supervisory responsibility, or reduced opportunities for promotion--the typical requirements for a showing of an "adverse employment action" that can support a Title VII claim. See Page v. Bolger, 645 F.2d 227, 233 (4th Cir.1981) (stating that inquiries into adverse employment actions have consistently focused on whether there has been discrimination in such ultimate decisions as hiring, granting leave, discharging, promoting, and compensation).

[*256]6

We recognize that the Supreme Court has recently suggested that Title VII liability can arise from a "tangible employment action," which the Court defined to include not only "hiring, firing, failing to promote, ... [and] significant change in benefits," but also "reassignment with significantly different responsibilities." Burlington Industries, Inc. v. Ellerth, 524 U.S. 742, 118 S.Ct. 2257, 2268, 141 L.Ed.2d 633 (1998) (discussing "tangible employment action" as trigger for employer's strict liability under Title VII for supervisor's discriminatory acts); see also Reinhold v. Commonwealth of Virginia, 151 F.3d 172, 175 (4th Cir.1998). In light of the clear precedent indicating that Title VII awards damages "only against employers who are proven to have taken adverse employment action" for a discriminatory reason, St. Mary's Honor Ctr. v. Hicks, 509 U.S. 502, 523-24, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993), and based on our certainty that Congress did not intend Title VII to provide redress for trivial discomforts endemic to employment, however, we conclude that reassignment can only form the basis of a valid Title VII claim if the plaintiff can show that the reassignment had some significant detrimental effect on her. Boone has failed to forecast evidence that could satisfy this requirement.

7

As the trial court rightly noted, a change in working conditions may be a factor to consider in assessing whether a reassignment qualifies as an adverse employment action that could give rise to Title VII liability. Boone's own deposition testimony, however, directly refuted three of her four alleged problems with the conditions in the wind tunnel. Her remaining assertion was that the work in the wind tunnel was unfamiliar and more stressful--hardly notable complaints about a reassignment, particularly a reassignment to a position commanding a higher salary level and in a high-priority sector of the employer's business. Absent evidence that a new position is significantly more stressful than the last, vague allegations of stress resulting from reassignment cannot support a claim of discrimination under Title VII.

8

Nor are we persuaded by Boone's contention that the trial court erred in refusing to consider the allegations about poor working conditions articulated in the affidavits of three co-workers. First, we do not agree that the trial court ignored the allegations made in the affidavits. The court recounted in detail the "litany of poor working conditions" described in the affidavits, and then concluded that neither Boone nor her three affiants alleged conditions sufficient to show an adverse employment action.

9

Moreover, the affidavits provide no support for Boone's claim that she suffered an adverse employment action. Boone never relied on the poor working conditions described in the affidavits--not in her complaint, in her deposition testimony, or even in her response to NASA's motion for summary judgment. Nor did the affiants mention any of the difficult working conditions on which Boone did rely. Perhaps this was because, unlike Boone, none of the affiants worked as an electrical engineering technician in the wind tunnel.

10

One affiant was a student intern who spent only one week in the wind tunnel. The other two did not specify the duties that they performed or where they worked in the tunnel, so it is impossible to determine whether they worked under the same conditions as Boone. The single affiant who alleged disparate treatment in the nature of a disproportionate assignment of African-American mechanical engineering technicians to the wind tunnel did not offer any observations pertinent to disparate treatment of electrical engineering technicians, like Boone. For these reasons, the affidavits provide no assistance to Boone.

III.

11

In sum, absent any decrease in compensation, job title, level of responsibility, or opportunity for promotion, reassignment to a new position commensurate with one's salary level does not constitute an adverse employment action even if the new job does cause some modest stress not present in the old position. Because Boone has failed to allege that she suffered any adverse employment action, or to forecast any evidence of this, she cannot prevail on her claims of discrimination or retaliation.

12

Accordingly, the judgment of the district court is

13

AFFIRMED.