David Duffy v. L. Jane McPhillips, 276 F.3d 988 (8th Cir. 2002). · Go Syfert
David Duffy v. L. Jane McPhillips, 276 F.3d 988 (8th Cir. 2002). Cases Citing This Book View Copy Cite
“not everything that makes an employee unhappy is an actionable adverse action.”
66 citation events (66 in the last 25 years) across 9 distinct courts.
Strongest positive: Niekamp v. State of Missouri (mowd, 2022-09-28)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 41 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Niekamp v. State of Missouri (2×) also: Cited "see"
W.D. Mo. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
not everything that makes an employee unhappy is an actionable adverse action.
discussed Cited as authority (rule) Grooms v. Privette
W.D. Mo. · 2024 · confidence medium
“Defined another way, an adverse employment action must effectuate a material change in the terms or conditions of ... employment.” Duffy v. McPhillips, 276 F.3d 988, 992 (8th Cir. 2002) (internal citations omitted).
discussed Cited as authority (rule) Carter v. Centene Management Company
E.D. Mo. · 2024 · confidence medium
However, “not everything that makes an employee unhappy is an actionable adverse action.” Duffy v. McPhillips, 276 F.3d 988, 991-92 (8th Cir. 2002) quoting Bechtel v. City of Belton, 250 F.3d 1157, 1162 (8th Cir. 2001).
cited Cited as authority (rule) Clayborn Muldrow v. City of St. Louis, State of Missouri
E.D. Mo. · 2020 · confidence medium
Mo. 2017) (citing Duffy v. McPhillips, 276 F.3d 988, 991-92 (8th Cir. 2002); and then Clegg v. Ark.
discussed Cited as authority (rule) Murillo v. Kittelson
D. Neb. · 2020 · confidence medium
“To be ‘adverse,’ an employment action must do more than merely make an employee unhappy, but it need not always involve termination or even a decrease in benefits or pay.” Brown v. Cox, 286 F.3d 1040, 1045 (8th Cir. 2002) (quoting Duffy v. McPhillips, 276 F.3d 988, 992 (8th Cir. 2002)); see Clark v. Sarpy Cty., No. 8:17CV405, 2020 WL 1820269 , at *6 (D.
discussed Cited as authority (rule) Clark v. Sarpy County
D. Neb. · 2020 · confidence medium
“To be ‘adverse,’ an employment action must do more than merely make an employee unhappy, but it need not always involve termination or even a decrease in benefits or pay.” Brown v. Cox, 286 F.3d 1040, 1045 (8th Cir. 2002) (quoting Duffy v. McPhillips, 276 F.3d 988, 992 (8th Cir. 2002)).
cited Cited as authority (rule) McCoy v. Department of Housing and Urban Development
E.D. Ark. · 2019 · confidence medium
Instead, Mr. McCoy’s claim appears to “revolve primarily around his dissatisfaction with his work responsibilities.” Duffy v. McPhillips, 276 F.3d 988, 992 (8th Cir. 2002).
discussed Cited as authority (rule) Jackson v. Lew
W.D. Mo. · 2017 · confidence medium
Not everything that makes an employee unhappy is actionable, Duffy v. McPhillips, 276 F.3d 988, 991-92 (8th Cir. 2002), and minor or unpalatable changes in duties or working conditions do not rise to the level of adverse employment action, Clegg v. Ark.
discussed Cited as authority (rule) Patricia Wagner v. Kevin Campbell
8th Cir. · 2015 · confidence medium
Wagner “need not prove that [s]he was terminated to demonstrate an adverse action; however ‘not everything that makes an employee unhappy is an actionable adverse action.’ ” Duffy v. McPhillips, 276 F.3d 988, 991-92 (8th Cir.2002) (quoting Bechtel v. City of Belton, 250 F.3d 1157, 1162 (8th Cir.2001)). “ ‘Minor changes in duties or working conditions, even unpalatable or unwelcome ones, which cause no materially significant disadvantage, do not’ rise to the level of an *767 adverse employment action.” Clegg, 496 F.3d at 926 (quoting Higgins v. Gonzales, 481 F.3d 578, 584 (8th C…
discussed Cited as authority (rule) Wilson v. Miller
D. Minnesota · 2015 · confidence medium
To constitute an adverse employment action, the action must have an adverse impact on the em ployee and “must effectuate a material change in the terms and conditions of employment.” Duffy v. McPhillips, 276 F.3d 988, 992 (8th Cir.2002).
discussed Cited as authority (rule) Bonnie Kelly v. Omaha Housing Authority
8th Cir. · 2013 · confidence medium
Dep’t ofCorr., 496 F.3d 922, 929 (8th Cir.2007) (internal quotation marks omitted), from “a material change” in the conditions or terms of employment, see Duffy v. McPhillips, 276 F.3d 988, 992 (8th Cir.2002) (internal quotation marks omitted).
discussed Cited as authority (rule) Dahl v. Rice County, Minn.
8th Cir. · 2010 · confidence medium
“In order to establish a claim of unlawful First Amendment retaliation, a public employee must show that he suffered an adverse employment action that was causally connected to his participation in a protected activity.” Duffy v. McPhillips, 276 F.3d 988, 991 (8th Cir.2002).
cited Cited as authority (rule) Khoury v. Group Health Plan, Inc.
8th Cir. · 2010 · confidence medium
DISCUSSION A. Standards of Review “We review a district court’s grant of summary judgment de novo.” Duffy v. McPhillips, 276 F.3d 988, 991 (8th Cir.2002).
cited Cited as authority (rule) Strinni v. Mehlville Fire Protection Dist.
E.D. Mo. · 2010 · confidence medium
Duffy v. McPhillips, 276 F.3d 988, 991 (8th Cir.2002).
cited Cited as authority (rule) Russell J. Morris v. City of Chillicothe
8th Cir. · 2008 · confidence medium
Duffy v. McPhillips, 276 F.3d 988, 991 (8th Cir. 2002).
examined Cited as authority (rule) Morris v. City of Chillicothe (3×)
8th Cir. · 2008 · confidence medium
Duffy v. McPhillips, 276 F.3d 988, 991 (8th Cir.2002).
discussed Cited as authority (rule) Glandon v. Keokuk County Health Center (2×) also: Cited "see"
S.D. Iowa · 2005 · confidence medium
Dist., 363 F.3d 797 , 801 (8th Cir.), cert. denied, 543 U.S. 956 , 125 S.Ct. 436 , 160 L.Ed.2d 318 (2004); Duffy v. McPhillips, 276 F.3d 988, 991 (8th Cir.2002).
cited Cited as authority (rule) Nagel v. Sykes Enterprises, Inc.
D.N.D. · 2005 · confidence medium
Ctrs., 286 F.3d 1040, 1045 (8th Cir.2002) (citing Duffy v. McPhillips, 276 F.3d 988, 992 (8th Cir.2002)).
discussed Cited as authority (rule) Vicky Meyers v. Joyce Starke (2×)
8th Cir. · 2005 · confidence medium
“In order to establish a claim for unlawful First Amendment retaliation, a public employee must show that [she] suffered an adverse employment action that was causally connected to [her] participation in a protected activity.” Duffy v. McPhillips, 276 F.3d 988, 991 (8th Cir.2002).
discussed Cited as authority (rule) Meyers v. Starke
8th Cir. · 2005 · confidence medium
Finally, an Intake PSW must possess the identical educational background as an ongoing services worker—a bachelor's degree in the field of human services. 16 "In order to establish a claim for unlawful First Amendment retaliation, a public employee must show that [she] suffered an adverse employment action that was causally connected to [her] participation in a protected activity." Duffy v. McPhillips, 276 F.3d 988, 991 (8th Cir.2002).
discussed Cited as authority (rule) Hasan v. United States Department of Labor
7th Cir. · 2005 · confidence medium
See, besides the cases just cited, McGreal v. Ostrov, 368 F.3d 657, 672 (7th Cir.2004); Duffy v. McPhillips, 276 F.3d 988, 991 (8th Cir.2002); Anderson v. Burke County, 239 F.3d 1216, 1219 (11th Cir.2001).
discussed Cited as authority (rule) Syed M.A. Hasan v. United States Department of Labor, and Sargent & Lundy, Llc, Intervening Kenneth Harris v. Judy Smith, Jacqueline D. Watson v. Scott Marquardt and Management & Training Corp.
7th Cir. · 2005 · confidence medium
See, besides the cases just cited, McGreal v. Ostrov, 368 F.3d 657, 672 (7th Cir.2004); Duffy v. McPhillips, 276 F.3d 988, 991 (8th Cir.2002); Anderson v. Burke County, 239 F.3d 1216, 1219 (11th Cir.2001).
discussed Cited as authority (rule) Gwenn Okruhlik v. University Of Arkansas
8th Cir. · 2005 · confidence medium
Kipp, 280 F.3d at 896 (Title VII); Duffy v. McPhillips, 276 F.3d 988, 991 (8th Cir.2002) (First Amendment). 14 Defendants argue that the district court correctly found that Okruhlik could not have established a prima facie retaliation case because she did not suffer an adverse employment action.
cited Cited as authority (rule) Gwenn Okruhlik v. Univ. of Arkansas
8th Cir. · 2005 · confidence medium
Kipp, 280 F.3d at 896 (Title VII); Duffy v. McPhillips, 276 F.3d 988, 991 (8th Cir.2002) (First Amendment).
discussed Cited as authority (rule) Thomas J. Anderson v. Jeffrey L. Larson
8th Cir. · 2003 · confidence medium
Summary judgment is appropriate when the evidence, viewed in the light most favorable to the nonmoving party, demonstrates that there is no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law.” Duffy v. McPhillips, 276 F.3d 988, 991 (8th Cir. 2002) (citations omitted); Fed.R.Civ.P. 56(c).
discussed Cited as authority (rule) Anderson v. Larson
8th Cir. · 2003 · confidence medium
Summary judgment is appropriate when the evidence, viewed in the light most favorable to the nonmoving party, demonstrates that there is no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law." Duffy v. McPhillips, 276 F.3d 988, 991 (8th Cir. 2002) (citations omitted); Fed.R.Civ.P. 56(c).
discussed Cited as authority (rule) Patricia A. Crumley v. City of St. Paul, Minnesota Michael Bratsch, Police Officer Gerard Bohling, Police Officer
8th Cir. · 2003 · confidence medium
Summary judgment is appropriate when the evidence, viewed in the light most favorable to the nonmoving party, demonstrates that there is no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law." Duffy v. McPhillips, 276 F.3d 988, 991 (8th Cir.2002) (citations omitted); Fed.R.Civ.P. 56(c).
discussed Cited as authority (rule) Patricia A. Crumley v. City of St. Paul
8th Cir. · 2003 · confidence medium
Summary judgment is appropriate when the evidence, viewed in the light most favorable to the nonmoving party, demonstrates that there is no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law." Duffy v. McPhillips, 276 F.3d 988, 991 (8th Cir. 2002) (citations omitted); Fed.
discussed Cited as authority (rule) Medalen v. Tiger Drylac U.S.A., Inc.
D. Minnesota · 2003 · confidence medium
See, Luigino’s, Inc. v. Peterson, 317 F.3d 909, 911 (8th Cir.2003); Duffy v. McPhillips, 276 F.3d 988, 991 (8th Cir.2002); Schoolhouse Inc. v. Anderson, 275 F.3d 726, 728 (8th Cir.2002); Krentz v. Robertson Fire Protection Dist., 228 F.3d 897 , 901 (8th Cir.2000).
discussed Cited as authority (rule) Costley v. Thibodeau, Johnson & Feriancek, PLLP
D. Minnesota · 2003 · confidence medium
See, Luigino’s, Inc. v. Peterson, 317 F.3d 909, 911 (8th Cir.2003); Duffy v. McPhillips, 276 F.3d 988, 991 (8th Cir.2002); Schoolhouse, Inc. v. Anderson, 275 F.3d 726, 728 (8th Cir.2002); Krentz v. Robertson Fire Prot.
cited Cited as authority (rule) Coralyn Anne Brown v. Lester E. Cox Medical Centers, D/B/A Cox Medical Centers South
8th Cir. · 2002 · confidence medium
Duffy v. McPhillips, 276 F.3d 988, 992 (8th Cir.2002).
cited Cited as authority (rule) Coralyn Anne Brown v. Lester E. Cox
8th Cir. · 2002 · confidence medium
Duffy v. McPhillips, 276 F.3d 988, 992 (8th Cir. 2002).
discussed Cited "see" Clay v. Lafarge North America
S.D. Iowa · 2013 · signal: see · confidence high
See Duffy v. McPhillips, 276 F.3d 988, 992 (8th Cir.2002) (noting that the claimant’s dissatisfaction with work responsibilities was insufficient to establish an adverse action, for “not everything that makes an employee unhappy is actionable adverse action” as “an adverse employment action must effectuate a material change in the terms or conditions of ... employment” (citations omitted)).
discussed Cited "see" Cleotis Johnson v. Arkansas State Hospital
8th Cir. · 2008 · signal: see · confidence high
See Duffy v. McPhillips, 276 F.3d 988, 991-92 (8th Cir.2002) (adverse employment action must effectuate material change in terms or conditions of employment; “not everything that makes an employee unhappy is an actionable adverse action”); Harlston v. McDonnell Douglas Corp., 37 F.3d 379, 382 (8th Cir.1994) (changes in duties or working conditions that cause no materially significant disadvantage do not establish adverse employment action).
discussed Cited "see" Kathy Davison v. City of Minneapolis
8th Cir. · 2007 · signal: accord · confidence high
Graning v. Sherburne County, 172 F.3d 611 , 615 n.3 (8th Cir. 1999); accord Duffy v. McPhillips, 276 F.3d 988, 991 (8th Cir. 2002); Hudson v. Norris, 227 F.3d 1047 , 1050-51 (8th Cir. 2000); see also Carroll v. U.S. Dept. of Labor, 78 F.3d 352, 357 (8th Cir. 1996) (“This type of Mt.
discussed Cited "see" Kathy Davison v. City of Minneapolis, Minnesota Rocco Forte, in His Individual and Official Capacities (2×)
8th Cir. · 2007 · signal: accord · confidence high
Graning v. Sherburne County, 172 F.3d 611 , 615 n. 3 (8th Cir.1999); accord Duffy v. McPhillips, 276 F.3d 988, 991 (8th Cir. 2002); Hudson v. Norris, 227 F.3d 1047 , 1050-51 (8th Cir.2000); see also Carroll v. U.S. Dept. of Labor, 78 F.3d 352, 357 (8th Cir.1996) ("This type of Mt.
discussed Cited "see" Rosati v. Cleveland-Cliffs, Inc.
D. Minnesota · 2003 · signal: see · confidence high
See, Duffy v. McPhillips, 276 F.3d 988, 991 (8th Cir.2002); Schoolhouse Inc. v. Anderson, 275 F.3d 726, 728 (8th Cir.2002); Krentz v. Robertson Fire Protection Dist., 228 F.3d 897 , 901 (8th Cir.2000); Curry v. Crist, 226 F.3d 974 , 977 (8th Cir.2000); Carter v. St.
discussed Cited "see" Beveridge v. Northwest Airlines, Inc.
D. Minnesota · 2003 · signal: see · confidence high
See, Duffy v. McPhillips, 276 F.3d 988, 991 (8th Cir.2002); Schoolhouse Inc. v. Anderson, 275 F.3d 726, 728 (8th Cir.2002); Krentz v. Robertson Fire Protection Dist., 228 F.3d 897 , 901 (8th Cir.2000); Curry v. Crist, 226 F.3d 974 , 977 (8th Cir.2000); Carter v. St.
cited Cited "see" Armstrong v. Mille Lacs County Sheriffs Department
D. Minnesota · 2002 · signal: see · confidence high
See, Duffy v. McPhillips, 276 F.3d 988, 991 (8th Cir.2002); Schoolhouse, Inc. v. Anderson, 275 F.3d 726, 728 (8th Cir. 2002); Krentz v. Robertson Fire Prot.
discussed Cited "see" Miskovich v. Independent School District 318
D. Minnesota · 2002 · signal: see · confidence high
See, Duffy v. McPhillips, 276 F.3d 988, 991 (8th Cir.2002); Schoolhouse, Inc. v. Anderson, 275 F.3d 726, 728 (8th Cir.2002); Krentz v. Robertson Fire Protection Dist., 228 F.3d 897 , 901 (8th Cir.2000); Curry v. Crist, 226 F.3d 974 , 977 (8th Cir.2000); Carter v. St.
discussed Cited "see" Behrens v. UNITED VACCINES DIV. OF HARLAN SPRAGUE
D. Minnesota · 2002 · signal: see · confidence high
See, Duffy v. McPhillips, 276 F.3d 988, 991 (8th Cir.2002); Schoolhouse Inc. v. Anderson, 275 F.3d 726, 728 (8th Cir. 2002); Krentz v. Robertson Fire Protection Dist., 228 F.3d 897 , 901 (8th Cir.2000); Curry v. Crist, 226 F.3d 974 , 977 (8th Cir.2000); Carter v. St.
Retrieving the full opinion text from the archive…
David DUFFY, Appellant,
v.
L. Jane McPHILLIPS, Appellee
James P. Baker, Springfield, MO, Patricia Hulting, Des Moines, IA, for appellant., Lawrence D. Kudej, Asst. U.S. Atty., Cedar Rapids, IA, for appellee.
Loken, Heaney, Riley.
Cited by 49 opinions  |  Published
HEANEY, Circuit Judge.

David Duffy appeals a final order entered in the United States District Court [1] for the Southern District of Iowa granting summary judgment in favor of defendant L. Jane McPhillips on his suit alleging retaliation in violation of his First Amendment rights. For the reasons stated below, we affirm.

I. BACKGROUND

In April, 1994, Duffy and McPhillips applied for the position of Chief Probation Officer for the Southern District of Iowa. Duffy had worked in the Des Moines, Iowa, probation office since 1974, while McPhillips had extensive experience working in probation offices in Minnesota and Texas. After interviewing both candidates, a three-judge panel awarded the position to ' McPhillips. After McPhillips[*990] assumed her position as Chief Probation Officer, she specifically requested that the Administrative Office of the United States Courts create a new position for a “Deputy Chief.” McPhillips wanted this employee to serve as a second administrator, and a full assistant to the Chief Probation Officer. Upon the creation of this position, McPhillips appointed Duffy to serve as the Deputy Chief of the probation office.

Despite his promotion, Duffy was disgruntled about the panel’s decision not to award him the position of Chief Probation Officer. On March 8,1996, Duffy filed suit against the three-judge panel, alleging reverse gender discrimination and violation of due process and equal protection as a result of the discrimination. The district court dismissed the action on the panel’s motion for summary judgment, and this Court affirmed. See Duffy v. Wolle, 123 F.3d 1026 (8th Cir.1997). On July 2, 1997, Duffy filed a grievance against McPhillips pursuant to the Model Equal Opportunity Plan (“EEO”) adopted by the United States District Court for the Southern District of Iowa. After an EEO coordinator concluded that he could not resolve the dispute, Duffy filed another complaint in the United States District Court, alleging McPhillips retaliated against him for filing the lawsuit against the three-judge panel by significantly reducing his job duties and responsibilities. On October 6, 1997, an evidentiary hearing was held before the Honorable Richard G. Kopf, United States District Judge for the District of Nebraska. After the hearing, Judge Kopf dismissed Duffy’s complaint. Judge Kopf concluded that Duffy had not suffered any adverse employment action, and did not prove that any alleged adverse employment actions were causally related to the filing of his initial lawsuit against the three-judge panel. Judge Kopf also concluded that McPhillips gave legitimate, non-discriminatory reasons for personnel actions involving Duffy.

After Duffy filed his EEO complaint, he continued to serve as Deputy Chief of the probation office. In 1998, pursuant to McPhillips’ request, the probation office was audited by the Administrative Office. The audit report noted several problems, including improper classification of the Deputy Chief position. The Administrative Office concluded that Duffy’s assigned duties were not commensurate with the position of Deputy Chief, and recommended that he be reclassified as a supervising probation officer. Despite this recommendation, McPhillips refused to reclassify Duffy.

In his position as Deputy Chief, Duffy continued to have certain administrative responsibilities in the pre-trial services unit, as well as budget, oversight, and special project responsibilities. Despite these duties, Duffy contends that his role as a supervisor within the probation office became limited. According to Duffy, after he filed his EEO complaint, he had no involvement in personnel decisions within the Pretrial Services Unit, and did not serve as a liaison to the United States Magistrate Judges or the law enforcement agencies that dealt with that unit. In response, McPhillips contends that Duffy’s responsibilities were limited because there was not enough administrative work to expand Duffy’s role as a Deputy Chief.

Left unsatisfied, Duffy filed another complaint against McPhillips on June 30, 1999. This time, Duffy alleged that his First Amendment rights were violated when McPhillips reduced his work responsibilities and duties because he filed his initial lawsuit against the three-judge panel. McPhillips filed a motion for summary judgment, and the district court granted her motion on February 27, 2001. The district court determined that Judge Kopf s ruling precluded Duffy from raising additional claims of retaliation related to[*991] events that took place prior to July 2, 1997. The district court also concluded that Duffy faded to proffer any new allegations of retaliation that differed substantially from the factual findings that were presented to Judge Kopf. As such, the district court determined that Duffy was collaterally estopped from proceeding with his lawsuit.

The district court also noted that Duffy failed to establish a prima facie case of retaliation in violation of the First Amendment. According to the' district court, Duffy failed to demonstrate that: (1) he suffered an adverse employment action; (2) a causal connection exists between the adverse employment action and the protected activity; and (3) that McPhillips’ proffered nondiscriminatory justifications for her actions were mere pretext for intentional discrimination. On appeal, Duffy contends that the district court improperly relied upon Judge Kopf s decision to prohibit the litigation of issues arising out of events occurring after that decision. Duffy also contends that the district court erred when it concluded that he failed to establish a prima facie case of retaliation.

II. DISCUSSION

We review a district court’s grant of summary judgment de novo. Essco Geometric v. Harvard Indus., 46 F.3d 718, 729 (8th Cir.1995). Summary judgment is appropriate when the evidence, viewed in the light most favorable to the nonmoving party, demonstrates that there is no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Freyermuth v. Credit Bureau Servs., Inc., 248 F.3d 767, 770 (8th Cir.2001).

Duffy concedes that the doctrine of issue preclusion prohibits him from presenting issues based upon events occurring before July 2, 1997. However, Duffy argues that after this date, the facts of this lawsuit changed considerably, and therefore, the doctrine of issue preclusion should not apply to his updated claims. For example, according to Duffy, the Administrative Office’s 1998 audit demonstrated that his responsibilities were not commensurate with the position of Deputy Chief. Further, Duffy contends that after July 2, 1997, McPhillips continued to retaliate against him for filing his initial lawsuit against the three-judge panel by stripping him of many of his responsibilities, and by decreasing the number of special assignments he received.

We agree with the district court that the claims raised in the current lawsuit are not substantially different than the original claims that were reviewed by Judge Kopf. More importantly, however, Duffy’s complaints involving post-July 2, 1997 conduct are insufficient to satisfy his burden to establish a prima facie case of retaliation.

In order to establish a claim of unlawful First Amendment retaliation, a public employee must show that he suffered an adverse employment action that was causally connected to his participation in a protected activity. See Bechtel v. City of Belton, 250 F.3d 1157, 1162 (8th Cir.2001); see also Hudson v. Norris, 227 F.3d 1047, 1050-51 (8th Cir.2000). Once the employee satisfies his initial burden, the burden shifts to the employer to show a legitimate, nondiscriminatory reason for his or her actions. See Graning v. Sherburne County, 172 F.3d 611, 615 (8th Cir.1999). If the employer meets this burden, the burden shifts back to the employee to show that employer’s actions were a pretext for illegal retaliation. See id.

We conclude that Duffy has failed to demonstrate that he suffered from an adverse employment action after July 2,1997. Duffy need not prove that he[*992] was terminated to demonstrate an adverse action; however “not everything that makes an employee unhappy is an actionable adverse action.” Bechtel, 250 F.3d at 1162 (citations omitted). To constitute an adverse employment action, an employee must be adversely affected by the action. Id. “Defined another way, an adverse employment action must effectuate ‘a material change in the terms or conditions of ... employment.’ ” Id.; quoting Ledergerber v. Stangler, 122 F.3d 1142, 1144 (8th Cir.1997); see also Cross v. Cleaver, 142 F.3d 1059, 1073 (8th Cir.1998)(finding that employment actions sufficient to constitute an adverse employment action are usually actions involving an actual or apparent wielding of authority resulting in a material employment disadvantage).

In the present case, Duffy’s complaints revolve primarily around his dissatisfaction with his work responsibilities. Duffy argues that his role within the pretrial services unit was reduced after he filed his EEO complaint, and that he no longer made personnel decisions, or served as a liaison to the district’s magistrate judges and law enforcement agencies. We find, however, that these minor shifts in employment responsibility did not significantly alter the conditions of Duffy’s employment. Duffy possessed a considerable level of responsibility. As Deputy Chief, Duffy was in charge of the office while McPhillips was absent. He also maintained budget, oversight, and special project responsibilities. Moreover, Duffy’s pay, benefits, and title, remained the same. Duffy’s allegations do not rise to the level of material change in employment that is necessary to demonstrate an adverse employment action.

In addition, we find that Duffy has failed to present sufficient evidence that there is a causal connection between his 1994 lawsuit and his reduced employment responsibilities. Although he argues that his responsibilities were not commensurate with those that McPhillips described as being appropriate for the position of Deputy Chief during the EEO Hearing, Duffy’s arguments focus primarily on events that took place prior to July 2, 1997. These arguments cannot be used to establish a causal connection, as they have already been rejected by Judge Kopf. Duffy has failed to present any recent, credible evidence to establish a causal connection between McPhillips actions and his 1994 lawsuit. Hence, summary judgment was appropriate.

III. CONCLUSION

For the reasons cited above, the judgment of the district court is affirmed.

1

. The Honorable Joseph F. Bataillon, United States District Judge for the Southern District of Iowa.