Tara C. Galabya v. New York City Bd. of Educ., 202 F.3d 636 (2d Cir. 2000). · Go Syfert
Tara C. Galabya v. New York City Bd. of Educ., 202 F.3d 636 (2d Cir. 2000). Cases Citing This Book View Copy Cite
Quick Summary

An adverse employment action requires a materially adverse change in the terms and conditions of employment that is more than a mere inconvenience or alteration of responsibilities.

A teacher sued under the Age Discrimination in Employment Act after being reassigned from a special education position to a mainstream high school keyboarding class. The plaintiff alleged that the transfer and the inferior facilities at the new school constituted an adverse employment action. To establish a prima facie case of discrimination, a plaintiff must demonstrate an adverse employment action, which requires a materially adverse change in the terms and conditions of employment. Such a change must be more disruptive than a mere inconvenience or an alteration of job responsibilities. Because the plaintiff failed to show the transfer resulted in a material loss of benefits, prestige, or career advancement, the court held no adverse employment action occurred.

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cited 61× by 61 distinct cases, 2002–2024 · 8 courts→ Stable · …more disruptive than a mere inconvenience or an alteration of job responsibilities. at p. 640 Topic ↗
cited 46× by 42 distinct cases, 2000–2025 · 5 courts→ Stable · …materially adverse change in the terms and conditions of employment. at p. 640 Topic ↗
1,234 citation events (1,220 in the last 25 years) across 31 distinct courts.
Strongest positive: Armstrong v. Aura Healthcare, LLC (ctd, 2025-01-31)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Armstrong v. Aura Healthcare, LLC
D. Conn. · 2025 · quote attribution · 1 verbatim quote · confidence high
a plaintiff sustains an adverse employment action if they endure a materially adverse change in the terms and conditions of employment. . . . a materially adverse change might be indicated by a termination of employment
discussed Cited as authority (verbatim quote) Florek v. Creighton University
D. Neb. · 2024 · quote attribution · 1 verbatim quote · confidence high
materially adverse change in the terms and conditions of employment
examined Cited as authority (verbatim quote) Sorensen v. Wallingford Board of Education
D. Conn. · 2024 · quote attribution · 1 verbatim quote · confidence high
the unspecified inconvenience that appellant endured because of the relatively minor administrative miscues that occurred during the reassignment process is not cognizable as an adverse employment action.
discussed Cited as authority (verbatim quote) Yu v. Shanghai Dumpling, Inc.
S.D.N.Y. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a materially adverse change might be indicated by a termination of employment . . . .
examined Cited as authority (verbatim quote) Velez v. Stratford (4×) also: Cited as authority (rule)
D. Conn. · 2020 · quote attribution · 1 verbatim quote · confidence high
appellant has not produced evidence that the transfer was to an assignment that was materially less prestigious, materially less suited to his skills and expertise, or materially less conducive to career advancement.
discussed Cited as authority (verbatim quote) Lovell v. Echol
S.D.N.Y. · 2019 · quote attribution · 1 verbatim quote · confidence high
a plaintiff sustains an adverse employment action if he or she endures a materially adverse change in the terms and conditions of employment ... including termination of employment.
examined Cited as authority (verbatim quote) Sosa v. N.Y.C. Dep't of Educ. & Marcy Berger (2×) also: Cited as authority (rule)
E.D.N.Y · 2019 · quote attribution · 1 verbatim quote · confidence high
as a matter of law, the disparity in working conditions-which reduces to the fact that teachers at van arsdale rotate through classrooms whereas teachers at p.s. 4 have their own classrooms-may be characterized as minor.
discussed Cited as authority (verbatim quote) Szwalla v. Time Warner Cable, LLC (2×) also: Cited as authority (rule)
N.D.N.Y. · 2015 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a transfer is an adverse employment' action if it results in a change in responsibilities so significant as to constitute a setback to the plaintiffs career.
discussed Cited as authority (verbatim quote) Horsham v. Fresh Direct
E.D.N.Y · 2015 · quote attribution · 1 verbatim quote · confidence high
plaintiff cannot show that the failure to investigate davenport's claim against her affected any of her tangible job benefits, and thus cannot show that this was an adverse action.
discussed Cited as authority (verbatim quote) Xu-Shen Zhou v. State University of New York Institute of Technology
N.D.N.Y. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
plaintiffs temporary lay-off during the summer of 1997 was sufficient to meet plaintiffs burden of putting forth evidence to show that the terms of her employment were altered.
examined Cited as authority (verbatim quote) Pierre v. Napolitano (5×) also: Cited as authority (rule)
S.D.N.Y. · 2013 · quote attribution · 1 verbatim quote · confidence high
the unspecified inconvenience that appellant endured because of the relatively minor administrative miscues that occurred during the reassignment process is not cognizable as an adverse employment action.
discussed Cited as authority (verbatim quote) McCowan v. HSBC Bank USA, N.A. (2×) also: Cited as authority (rule)
E.D.N.Y · 2010 · quote attribution · 1 verbatim quote · confidence high
a transfer is an adverse employment action if it results in a change in responsibilities so significant as to constitute a setback to the plaintiffs career.
examined Cited as authority (verbatim quote) Staff v. Pall Corp. (3×) also: Cited as authority (rule), Cited "see"
S.D.N.Y. · 2002 · signal: see · quote attribution · 1 verbatim quote · confidence high
to be materially adverse a' change in working conditions must be 'more disruptive than a mere inconvenience or an alteration of job responsibilities.
examined Cited as authority (verbatim quote) Epstein v. Kemper Insurance Companies (3×) also: Cited as authority (rule)
S.D.N.Y. · 2002 · quote attribution · 1 verbatim quote · confidence high
a plaintiff endures an adverse employment action if he or she endures a 'material adverse change' in the terms and conditions of employment.
examined Cited as authority (verbatim quote) Frances E. Weeks v. New York State (Division of Parole) & Patrick Hoy (3×) also: Cited as authority (rule), Cited "see"
2d Cir. · 2001 · signal: see also · quote attribution · 1 verbatim quote · confidence high
materially adverse means a change in working conditions that is 'more disruptive than a mere ... alteration of job responsibilities.
discussed Cited as authority (verbatim quote) O'DELL v. Trans World Entertainment Corp.
S.D.N.Y. · 2001 · quote attribution · 1 verbatim quote · confidence high
a materially adverse change is one that has an attendant negative result, a deprivation of a position or an opportunity.
discussed Cited as authority (rule) Milner-Koonce v. Albany City School District
N.D.N.Y. · 2025 · confidence medium
Under the ADA, a plaintiff suffers an adverse employment action when they “endure[] a materially adverse change in the terms and conditions of employment.” Galabya v. New York City Bd. Of Educ., 202 F.3d 636, 640 (2d Cir. 2000) (internal quotes omitted) (abrogated on other grounds). “[A] mere inconvenience or alteration of job responsibilities” is not a materially adverse change.
discussed Cited as authority (rule) Selina Hayes v. Horizon Village, Inc. (2×)
W.D.N.Y. · 2025 · confidence medium
Defendant’s Reply at 8-9.9 An “adverse employment action” refers to “a ‘materially adverse change’ in the terms or conditions of employment.” Galabya v. New York City Board of Education, 202 F.3d 636, 640 (2d Cir.2000) (citing cases).
cited Cited as authority (rule) Michael Anthony Acosta v. Steven M. Ross; David Katz; Lauren Geer; and Related Management Companies
S.D.N.Y. · 2025 · confidence medium
Bd. of Educ., 202 F.3d 636, 640 (2d Cir. 2000) (internal quotation marks omitted).
examined Cited as authority (rule) Stancu v. New York City/Parks Dept. (3×) also: Cited "see"
S.D.N.Y. · 2025 · confidence medium
Bd. of Educ., 202 F.3d 636, 640 (2d Cir. 2000), abrogated on other grounds, Hicks v. Baines, 593 F.3d 159, 165 (2d Cir. 2010)).
cited Cited as authority (rule) George v. Roswell Park Cancer Institute Corporation
W.D.N.Y. · 2025 · confidence medium
City Bd. of Educ., 202 F.3d 636, 640 (2d Cir. 2000)).
discussed Cited as authority (rule) City of N.Y. ex rel. Lerman v. E-J Elec. Installation Co.
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
Such change must be ‘“more disruptive than a mere inconvenience or an alteration of job responsibilities,”’ such as ‘“a termination of employment, a demotion evidenced by a decrease in wage or salary, a less distinguished title, a material loss of benefits, [or] significantly diminished material responsibilities”’ (id., quoting Galabya v New York City Bd. of Educ., 202 F3d 636, 640 [2d Cir 2000])” 100303/2013 CITY OF NEW YORK vs.
discussed Cited as authority (rule) Desiderio v. Hudson Technologies, Inc.
S.D.N.Y. · 2025 · confidence medium
At the time of that decision, the law in in this circuit was that “[a] plaintiff sustains an adverse employment action if he or she endures a materially adverse change in the terms and conditions of employment.” Vega v. Hempstead Union Free School District, 801 F.3d 72, 85 (2d Cir. 2015) (quoting Galabya v. New York City Board of Education, 202 F.3d 636, 640 (2d Cir. 2000)).
cited Cited as authority (rule) Jackson v. NYS Department of Labor
E.D.N.Y · 2025 · confidence medium
City Bd. of Educ., 202 F.3d 636, 640 (2d Cir. 2000) (internal quotation marks omitted).
cited Cited as authority (rule) Caesar v. Village of Mineola
E.D.N.Y · 2025 · confidence medium
Bd. of Educ., 202 F.3d 636, 640 (2d Cir. 2000)).
discussed Cited as authority (rule) McBeth v. City of New York (2×)
S.D.N.Y. · 2025 · confidence medium
Bd. of Educ., 202 F.3d 636, 640 (2d Cir. 2000) (internal quotations and citations omitted), abrogated on other grounds by Davis-Garrett v. Urb.
discussed Cited as authority (rule) HAYES v. G&E REAL ESTATE MANAGEMENT SERVICES
S.D.N.Y. · 2025 · confidence medium
Newmark argues that for an employment action to be considered adverse, it must be a “ ‘materially adverse change’ in the terms and conditions of employment.” Doc. 35 at 10 (quoting Galabya v. New York City Board of Education, 202 F.3d 636, 640 (2d Cir. 2000) (citation omitted)).
discussed Cited as authority (rule) Little v. R & L Carriers Shared Services, LLC
D. Conn. · 2025 · confidence medium
Turning to the third element, a materially adverse change in the conditions of a plaintiff’s employment might be characterized by “a termination of employment, a demotion evidenced by a decrease in wage or salary, a less distinguished title, a material loss of benefits, significantly diminished material responsibilities, or other indices . . . unique to a particular situation.” Galabya v. New York City Bd. of Ed., 202 F.3d 636, 640 (2d Cir. 2000) (abrogated on other grounds).
cited Cited as authority (rule) Schoenadel v. YouGov America, Inc.
S.D.N.Y. · 2025 · confidence medium
Bd. of Educ., 202 F.3d 636, 640 (2d Cir. 2000)).
discussed Cited as authority (rule) Troeger v. JetBlue Airways Corporation (2×) also: Cited "see"
S.D.N.Y. · 2024 · confidence medium
Bd. of Educ., 202 F.3d 636, 640 (2d Cir. 2000)).
cited Cited as authority (rule) Wieder v. Greater Hudson Valley Health System
S.D.N.Y. · 2024 · confidence medium
City Bd. of Educ., 202 F.3d 636, 640 (2d Cir.2000)).
cited Cited as authority (rule) Reach v. Healthfirst, Inc.
S.D.N.Y. · 2024 · confidence medium
Bd. of Educ., 202 F.3d 636, 640 (2d Cir. 2000)).
cited Cited as authority (rule) Lee v. Riverbay Corporation
S.D.N.Y. · 2024 · confidence medium
Bd. of Educ., 202 F.3d 636, 640 (2d Cir. 2000) (citations omitted).
discussed Cited as authority (rule) Hatcher v. New York City Department of Education
E.D.N.Y · 2024 · confidence medium
Starting with the first requirement, an employer’s action is adverse if a plaintiff “endures a materially adverse change in the terms and conditions of employment.” Id. at 85 (quoting Galabya v. New York City Bd. of Educ., 202 F.3d 636, 640 (2d Cir. 2000)).
cited Cited as authority (rule) Gary McNeal v. City of Blue Ash, Ohio
6th Cir. · 2024 · confidence medium
Bd. of Educ., 202 F.3d 636, 641 (2d Cir. 2000)), abrogated by Muldrow 601 U.S. at 346 .
cited Cited as authority (rule) Wong v. State of New York
N.D.N.Y. · 2024 · confidence medium
City Bd. of Educ., 202 F.3d 636, 640 (2d Cir. 2000)).
examined Cited as authority (rule) Cali v. Mayorkas (3×) also: Cited "see"
W.D.N.Y. · 2024 · confidence medium
Bd. of Educ., 202 F.3d 636, 640 (2d Cir. 2000).
cited Cited as authority (rule) Stewart v. Summit Health Management, LLC
S.D.N.Y. · 2024 · confidence medium
Feb. 8, 2013) (quoting Galabya v. New York City Board of Education, 202 F.3d 636, 640 (2d Cir. 2000)).
discussed Cited as authority (rule) Olsen v. South Huntington Union Free School District
E.D.N.Y · 2024 · confidence medium
Examples of materially adverse employment actions include “termination of employment, a demotion evidenced by a decrease in wage or salary, a less distinguished title, a material loss of benefits, [and] significantly diminished material responsibilities.” Galabya v. New York City Bd. Of Educ., 202 F.3d 636, 640 (2d Cir. 2000).
discussed Cited as authority (rule) Gray v. Minnesota Mining and Manufacturing Company
D. Conn. · 2024 · confidence medium
The Second Circuit has held that, for conduct to constitute an adverse employment action, it must be a “materially adverse change in the terms and conditions of employment.” Galabya v. New York City Bd. of Educ., 202 F.3d 636, 640 (2d Cir. 2000).
cited Cited as authority (rule) McKinney v. State Of New York
S.D.N.Y. · 2024 · confidence medium
An adverse employment action is a “materially adverse change in the terms and conditions of employment.” Id. (citing Galabya v. New York City Bd. of Educ., 202 F.3d 636, 640 (2d Cir. 2000)).
cited Cited as authority (rule) Parris v. New York City Housing Authority
S.D.N.Y. · 2024 · confidence medium
Bd. of Educ., 202 F.3d 636, 641 (2d Cir. 2000), abrogated on other grounds by Hicks v. Baines, 593 F.3d 159, 165 (2d Cir. 2010))).
discussed Cited as authority (rule) Harte v. Pace University
S.D.N.Y. · 2024 · confidence medium
“A materially adverse change might be indicated by a termination of employment, a demotion evidenced by a decrease in wage or salary, a less distinguished title, a material loss of benefits, significantly diminished material responsibilities, or other indices … unique to a particular situation.” Galabya v. New York City Bd. of Educ., 202 F.3d 636, 640 (2d Cir. 2000).
discussed Cited as authority (rule) Lovallo v. New York City Department of Education
S.D.N.Y. · 2024 · confidence medium
“A materially adverse change might be indicated by a termination of employment, a demotion evidenced by a decrease in wage or salary, a less distinguished title, a material loss of benefits, significantly diminished material responsibilities, or other indices . . . unique to a particular situation.” Galabya v. NY City Bd. of Educ., 202 F.3d 636, 640 (2d Cir. 2000); see also Tolbert v. Smith, 790 F.3d 427, 435 (2d Cir. 2015) (holding similarly). “ ‘Moreover, while there is no exhaustive list of what constitutes an adverse employment action, courts have also held that denial of promotion…
discussed Cited as authority (rule) Hill v. Soar Restaurants II LLC
N.D.N.Y. · 2024 · confidence medium
An adverse employment action (for the purposes of a discrimination claims) is one that causes a “materially adverse change in the terms and conditions of employment,” which must be “more disruptive than a mere inconvenience or an alteration of job responsibilities.” Vega, 801 F.3d at 85 (citing Galabya v. New York City Bd. Of Educ., 202 F.3d 636, 640 [2d Cir. 2000]; Terry v. Ashcroft, 336 F.3d 128, 138 [2d Cir. 2003]).
discussed Cited as authority (rule) Back v. Bank Hapoalim, B.M.
S.D.N.Y. · 2024 · confidence medium
Adverse Employment Action “An ‘adverse employment action’ is one which is ‘more disruptive than a mere inconvenience or an alteration of job responsibilities.’” Terry v. Ashcroft, 336 F.3d 128, 138 (2d Cir. 2003) (quoting Galabya v. New York City Bd. of Educ., 202 F.3d 636, 640 (2d Cir. 2000)).
discussed Cited as authority (rule) Renondeau v. Wildlife Conservation Society (2×)
S.D.N.Y. · 2024 · confidence medium
City Bd. of Educ., 202 F.3d 636, 640 (2d Cir. 2000), abrogated on other grounds by Hicks v. Baines, 593 F.3d 159, 165 (2d Cir. 2010); see also Tepperwien v. Entergy Nuclear Operations, Inc., 663 F.3d 556, 568 (2d Cir. 2011) (schedule changes were not materially adverse employment actions).
cited Cited as authority (rule) Bender v. United States Postal Service
W.D.N.Y. · 2024 · confidence medium
City Bd. of Educ., 202 F.3d 636, 640 (2d Cir. 2000)).
cited Cited as authority (rule) Herrera v. New York City Department of Education
S.D.N.Y. · 2024 · confidence medium
It is “more disruptive than a mere inconvenience” or “alteration of job responsibilities.” Terry, 336 F.3d at 138 (quoting Galabya v. New York City Bd. of Educ., 202 F.3d 636, 640 (2d Cir. 2000)).
discussed Cited as authority (rule) Ouderkirk v. Rescue Mission Alliance of Syracuse
N.D.N.Y. · 2023 · confidence medium
To be materially adverse a change in working conditions must be more disruptive than a mere inconvenience or an alteration of job responsibilities.’ A change that is ‘materially adverse’ could consist of, inter alia, ‘termination of employment, a demotion evidenced by a decrease in wage or salary, a less distinguished title, a material loss of benefits, significantly diminished material responsibilities, or other indices. . . unique to a particular situation.’” Morgan, 2013 WL 491525 , at *5 (quoting Galabya v. New York City Bd. of Educ., 202 F.3d 636, 640 (2d Cir. 2000)). a.
Retrieving the full opinion text from the archive…
Tara C. GALABYA, Plaintiff-Appellant,
v.
NEW YORK CITY BOARD OF EDUCATION, Defendant-Appellee
1999.
Court of Appeals for the Second Circuit.
Feb 7, 2000.
202 F.3d 636
2000 U.S. App. LEXIS 1603
Tara C. Galabya, Pro Se, Floral Park, NY, for Plaintiff-Appellant., Michael D. Hess, New York, N.Y. (Larry A Sonnenshein and Julian L. Kalkstein, Corporation Counsel of the City of New York, New York, NY, of counsel), for Defendant-Appellee.
Jacobs, McLAUGHLIN, Parker.
Cited by 662 opinions  |  Published
PARKER, Circuit Judge:

Plaintiff-appellant Tara Galabya appeals from the judgment of the United States District Court for the Eastern District of New York (Eugene H. Nickerson, Judge) entered December 17, 1998, granting the motion by defendant-appellee New York City Board of Education for summary judgment. See Galabya v. New York City Bd. of Educ., 1998 WL 960304 (E.D.N.Y. Dec.10, 1998).

After appellee transferred him from one New York City school to another, appellant, a teacher, sued under the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. § 621 et seq. On appellee’s motion for summary judgmént, Judge Nickerson ruled that no genuine issue of material fact existed as to whether appellant’s transfer was an adverse employment action, and thus that appellant had failed to establish a prima facie case of age discrimination under the McDonnell Douglas “pretext” rubric. Galabya, 1998 WL 960304, at *5-6. For the reasons set forth in the discussion that follows, we affirm.

I. Background

Appellant was born on December 14, 1924, and was 68 years old when he was informed on May 24, 1993, that he was being removed from his teaching position at Public School 4 in Queens, New York (“P.S.4”). P.S. 4 is a “cluster school” which includes a special education junior high school for “severely, - emotionally disturbed” students. Appellant taught at the junior high school.

The City School District of New York licensed appellant to teach in New York City in 1973, granting him licenses in English and Pitman Stenography and Typewriting. Appellee began teaching at a special education school in 1974, and in 1977 he was awarded a “certificate of continuing eligibility” to teach “emotionally handicapped children.”

Appellant’s license to teach stenography and typewriting was revoked in 1982 for reasons irrelevant to this appeal. Following the revocation, appellant did not teach for four and one-half years. In 1987, appellant resumed teaching under a per diem substitute teacher license. It was this license that was in effect when he was hired to teach at P.S. 4’s junior high school in October of 1989. In 1991, appellant’s stenography and typewriting license was restored, and he resumed teaching under that license. The parties do not discuss, and the record does not show, what subject or subjects appellant taught at P.S.4, but he did not teach stenography or typewriting. According to Gene Nyitray, the principal of P.S. 4, it was not uncommon at that time to fill special education positions with teachers “who were, in fact, out of license.”

In 1993, P.S. 4 elected to create a computer lab for the 1993-94 school year to be staffed by one full-time teacher. Central to that job would be the teaching of keyboarding, a subject that falls within the purview of typewriting. Nyitray filled the[*639] position by choosing a fifty-three year old teacher, who, like appellant, was licensed to teach typewriting, but who had more seniority than appellant. With the computer lab assigned to another teacher, P.S. 4 had no open position for the 1993-94 school year that was within appellant’s license area. Critically, a recent system-wide policy now permitted placement of teachers only within their licensed areas. Accordingly, appellant was “excessed.” A teacher who is “excessed” is not fired, but rather is reassigned to another position in the school system.

Nyitray notified appellant that he had been excessed in a letter dated May 24, 1993. In papers dated August 31, 1993, appellant filed a complaint with the Equal Employment Opportunity Commission alleging that he had been excessed because of his age.

Appellant was not reassigned until September 20, 1993, eleven days into the 1993-94 school year. The Board of Education assigned appellant to Sarah Hale High School, but the assignment was rejected the next day by Sarah Hale’s principal because that school was seeking a teacher for Gregg' — rather than Pitman-stenography.

On September 27, 1993, appellant was reassigned to teach keyboarding at Van Arsdale High School. Van Arsdale, like Sarah Hale, is a mainstream high school. Virtually all of appellant’s fourteen-year teaching career to that point had been spent in special education.

The transfer did not affect appellant’s salary. There is no evidence in the record that the ultimate reassignment to Van Ars-dale resulted in a loss of benefits, prestige, or opportunities for advancement. It is evidently undisputed that the facilities at Van Arsdale are inferior to those at P.S. 4 to the extent that teachers at Van Arsdale do not have their own classrooms, desks, or closets.

After a series of disputes at Van Ars-dale, appellant took a leave of absence. He was eventually terminated in March 1998.

II. DISCUSSION

“We review a district court’s grant of summary judgment de novo, taking all factual inferences in favor of the non-moving party. Summary judgment is appropriate where there are no genuine disputes concerning any material facts, and where the moving party is entitled to judgment as a matter of law.” Fagan v. New York State Elec. & Gas Corp., 186 F.3d 127, 132 (2d Cir.1999).

The ADEA bans discrimination against employees because of their age. To prevail on an ADEA claim under the McDonnell Douglas “pretext” rubric, “the plaintiff must first establish a prima facie case by showing membership in a protected class, qualification for the position, an adverse employment action, and circumstances that give at least minimal support to an inference of discrimination.” Fagan, 186 F.3d at 132 & n. 1 (stating standard for “pretext” case, as distinguished from “mixed motive” case).

Judge Nickerson granted summary judgment, in part, because he found as a matter of law that the transfer to Van Arsdale was not an adverse employment action within the meaning of the McDonnell Douglas analysis, but rather was a purely lateral transfer. See Galabya, 1998 WL 960304, at *5-6. It is that issue that we address in this opinion.

Appellant, appearing pro se, does not identify with precision what he considers the adverse employment action to have been, but his argument may reasonably be read as contending that he was denied assignment to the P.S. 4 computer lab, not assigned for the start of the 1993-94 school year, mis-assigned to Sarah Hale, and then ultimately assigned to Van Arsdale where he was forced to teach outside his area of expertise (special education) and at a school with inferior facilities to P.S. 4. We agree with Judge Nickerson[*640] that this series of events does not constitute an adverse employment action. [1]

A plaintiff sustains an adverse employment action if he or she endures a “materially adverse change” in the terms and conditions of employment. See Richardson v. New York State Dep’t of Correctional Serv., 180 F.3d 426, 446 (2d Cir.1999) (relying on Crady v. Liberty Nat’l Bank and Trust Co., 993 F.2d 132, 136 (7th Cir.1993)). [2] To be “materially adverse” a change in working conditions must be “more disruptive than a mere inconvenience or an alteration of job responsibilities.” Crady, 993 F.2d at 136. “A materially adverse change might be indicated by a termination of employment, a demotion evidenced by a decrease in wage or salary, a less distinguished title, a material loss of benefits, significantly diminished material responsibilities, or other indices ... unique to a particular situation.” Id.; see Wanamaker v. Columbian Rope Co., 108 F.3d 462, 466 (2d Cir.1997) (ADEA protects the employee against “less flagrant reprisals” than termination or a reduction in wages and benefits).

In this case, there is no evidence that shows that the delay in reassignment, followed by the mis-assignment to Sara Hale, was an adverse employment action. Appellant does not allege that appellee denied him an available transfer, that appellee failed to pay his salary during the interim period, or that the delay in any way harmed his career. The unspecified inconvenience that appellant endured because of the relatively minor administrative miscues that occurred during the reassignment process is not cognizable as an adverse employment action. For similar reasons, the purportedly inferior facilities appellant faced at Van Arsdale do not render the reassignment an adverse employment action. As a matter of law, the disparity in working conditions' — which reduces to the fact that teachers at Van Arsdale rotate through classrooms whereas teachers at P.S. 4 have their own classrooms — may be characterized as minor. See Wanamaker, 108 F.3d at 466 (indicating that “minor, ministerial stumbling block” cannot constitute an adverse employment action if it lacks “sufficiently deleterious” effect).

The transfer of appellant out of special education classes presents a more difficult question, but we conclude that the record is insufficient to permit the inference that this transfer constituted an adverse employment action. Appellant’s failure to create a genuine issue of material fact becomes clear when his case is compared to Rodriguez v. Board of Educ., 620 F.2d 362 (2d Cir.1980).

In Rodriguez, the plaintiff was a junior high school art teacher with twenty years of experience. In obtaining a master’s and doctoral degree in art and art education, she had focused her studies on art programs for junior high school students. Her doctoral dissertation was titled, “A Model Arts Program for the Middle School of Eastchester School District Number 1.” Rodriguez, 620 F.2d at 364. On being[*641] transferred to teach elementary school art, she proffered evidence to show that the two jobs were “profoundly different,” so different, in fact, as to render her twenty years of experience “useless.” Id. at 366. Additionally, the plaintiff proffered evidence that showed that the transfer was “in effect, a demotion that would constitute a serious professional setback and stigma to her career.” Id. at 365. Notwithstanding this evidence, the district court granted summary judgment for defendants, finding that there had been no adverse employment action because plaintiff had not lost salary, benefits, seniority, or tenure. Id. ’at 365. Reversing this determination, we held that the transfer was a “radical change in the nature of the work,” which thus constituted “interference with a condition or privilege of employment.” Id. at 366.

Rodriguez may be read for the proposition that a transfer is an adverse employment action if it results in a change in responsibilities so significant as to constitute a setback to the plaintiffs career. Accord Williams v. Bristol-Myers Squibb Co., 85 F.3d 270, 274 (7th Cir.1996) (“Obviously a purely lateral transfer, that is, a transfer that does not involve a demotion in form or substance, cannot rise to the level of a materially adverse employment action.”); Harlston v. McDonnell Douglas Corp., 37 F.3d 379, 382 (8th Cir.1994) (to be adverse, change in work assignment must cause “materially significant disadvantage”); Patrolmen’s Benevolent Ass’n v. City of New York, 74 F.Supp.2d 321, 335 (S.D.N.Y.1999) (“The key inquiry regarding involuntary transfers is whether the transfer constitutes a negative employment action tantamount to a demotion.”) (internal quotation omitted).

In this context, appellant’s argument rests on the premise that the special education, junior high school keyboarding class presented job responsibilities that were so different from the mainstream high school keyboarding class that the change in responsibilities was a setback to his career. We cannot adopt this conclusion as self-evident, and no evidence in the record supports it. There is no evidence detailing what responsibilities appellant performed during his years as a special education teacher. Similarly, appellant has not shown what particular expertise he developed during those years, nor how the transfer impacted on that expertise. [3] Indeed, appellant has not even proffered evidence to show what particular job responsibilities he would have had as the keyboarding instructor at P.S. 4, or how those responsibilities would have differed from those he had at Van Arsdale.

We are not suggesting that a plaintiff may prevail only if he or she produces as much evidence of adverse effect as the plaintiff did in Rodriguez. Rodriguez in no way establishes an evidentiary floor. The key, as stated in Harlston, is that the plaintiff must show that the transfer created a “materially significant disadvantage.” Harlston, 37 F.3d at 382. Here, appellant has not met that standard. Appellant has not produced evidence to show that the transfer was to an assignment that was materially less prestigious, materially less suited to his skills and expertise, or materially less conducive to career advancement. Accordingly, summary judgment was properly granted on the ground that appellant failed to create a genuine issue of material fact on the issue of whether his reassignment to Van Arsdale was an adverse employment action. Cf. de la Cruz v. New York City Human Resources Admin. Dep’t of Soc. Servs., 82 F.3d 16, 21 (2d Cir.1996) (transfer to “less prestigious” Foster Care Unit from “elite” Adoption Unit constituted an adverse employment action); Crady, 993 F.2d at 133, 135-36 (transfer of bank employee to different branch with different position and[*642] responsibilities was not an adverse employment action where employee did not show that the new duties were “less significant” than the previous ones); Ticali v. Roman Catholic Diocese of Brooklyn, 41 F.Supp.2d 249, 265 (E.D.N.Y.1999) (notwithstanding teacher’s “disdain” for new assignment, her transfer to pre-kindergar-ten class from first grade class was not an adverse employment action because teacher produced “no material evidence that her transfer obliged her to perform tasks that were less appropriate for her skills than her prior position or adverse to her in any other legally cognizable way”) (citing Cooper v. New York State Dep’t of Human Rights, 986 F.Supp. 825, 828 (S.D.N.Y.1997)).

III. Conclusion

We have reviewed the remaining arguments raised on appeal and find them to be without merit. For the foregoing reasons, we affirm the judgment of the district court.

1

. Appellant also argues that the classes were larger at Van Arsdale than at P.S. 4, and that the commute to Van Arsdale was substantially longer than the commute to P.S. 4. In support of these arguments, appellant includes in the appendix evidence that was not before the district court. As appellant's arguments are unpreserved and rely on evidence outside the record, we have not considered them. See Anchor Fish Corp. v. Torry Harris, Inc., 135 F.3d 856, 858 (2d Cir.1998) (except in exceptional case, appeals court will not consider unpreserved argument); Katir v. Columbia Univ., 15 F.3d 23, 25 (2d Cir.1994) (in reviewing grant of summary judgment, federal appellate court may examine only the evidence that was before the district court).

2

. Richardson is a Title VII case, but it is applicable here because both the ADEA and Title VII prohibit discrimination with respect to the "compensation, terms, conditions, or privileges of employment....” 29 U.S.C. § 623(a)(1); 42 U.S.C. § 2000e-2(a)(l); see also Austin v. Ford Models, Inc., 149 F.3d 148, 152 (2d Cir.1998) (noting that ADEA and Title VII claims are analyzed under the same legal framework).

3

. While not dispositive, it bears noting that unlike Rodriguez who had a master's degree and doctorate in the very subject from which she was transferred, appellant's graduate degree (a master’s) is not in special education, but English.