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Jackson v. Champaign National Bank & Trust Co.

9/26/2000

on the facts in this case, her December 22, 1997 letter to Patricia Cromwell does not constitute protected activity. In her letter, appellant merely makes vague references to gender, comparing her performance to that of the male lenders in her office. Because all the other lenders were males, appellant's letter does not alert the bank that appellant believed she was being treated unfairly because of her gender. See Booker, at 1309 (summary judgment warranted because plaintiff's complaints about ethnocism were too vague to constitute protected activity).


Nor has appellant provided evidence that she was subject to an adverse employment action in the wake of her letter to Cromwell. Although appellant hypothesizes that her transfer to Plain City constitutes adverse action, there is no evidence that appellant's salary, benefit, title or responsibility would change as a result of the transfer. See Garner, at 1539 (employee who believes she may be experiencing employment discrimination is obligated "not to assume the worst, and not to jump to conclusions too fast"). Appellant's efforts to prove a causal link between protected activity and adverse action are further undermined by the facts that she agreed to the transfer, having already decided more than a month before her transfer that she would find another job and resign from the bank.


Similarly, appellant has failed to provide any evidence of a causal link between her letter to Cromwell and the bank's request for reimbursement for the classes appellant attended at Clark State. The bank provided evidence that it requested reimbursement pursuant to its policy that tuition would be paid for employees who remain with the bank for at least six months after completing the courses. Appellant provided no evidence to suggest that the bank applied its policy in an unlawful manner.


Appellant's second assignment of error is overruled.


For the foregoing reasons, appellant's assignments of error are overruled, and the judgment of the Franklin County Court of Common Pleas is affirmed.


Judgment affirmed.


LAZARUS and McCORMAC, JJ., concur.


McCORMAC, J., retired, of the Tenth Appellate District, assigned to active duty under authority of Section 6(C), Article IV, Ohio Constitution.




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