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Uber v. Slippery Rock University of Pennsylvania of the State System of Higher Education11/23/2005
irst note that although Uber refers to a series of events that establish an alleged adverse employment action, the 1999 performance evaluation was the only issue before the trial court and, likewise, the only retaliation issue Uber preserved in his statement of issues on appeal to this Court. Therefore, we only consider whether the 1999 performance evaluation establishes an adverse employment action.
In reviewing the record as a whole, we find that Uber failed to prove that the 1999 performance evaluation was an adverse employment action. Uber's overall rating in his 1999 evaluation was "good," the same as it was the previous year in an evaluation that satisfied him. (R. Item 36, 1/10/05 Tr. at 157; Item 37, Uber Exs. 14c, 14d, 14e, attached at 50.) The only difference between the 1999 and 1998 evaluations was that, in 1999, he received two marks of "fair" instead of "good" in the categories of "relationship with people" and "initiative." Id. Furthermore, Uber testified that the 1999 evaluation did not affect the hours he worked, his duties, his salary, his benefits, or his opportunities for overtime. (R. Item 36, 1/10/05 Tr. at 161-63.) More importantly, Uber conceded that he never applied for a promotion between 1999 and 2001, the year he retired. Id. at 165-66. Thus, Uber presented no evidence to establish that his then-present position and/or any future position was negatively affected. Harley. Finally, the 1999 performance evaluation established that Uber did not receive a "poor" evaluation; instead, he received an overall "good" evaluation. Therefore, we affirm the trial court and find that this evidence is insufficient to prove that the performance evaluation was an adverse employment action. As such, we need not reach the issue of causation or the shifting of burdens.
Accordingly, based on the foregoing opinion, we affirm the order of the trial court granting the University's Motions for Summary Judgment and Non-suit.
ORDER
NOW, November 23, 2005, the order of the Court of Common Pleas of Butler County in the above-captioned matter is hereby affirmed.
RENÉE COHN JUBELIRER, Judge
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