context: In short, there is nothing in the record that shows that this internal investigation materially altered Officer Lewis' employment at all. Nor could Officer Lewis' counsel cite a single case that held that the mere participation in an internal investigation-standing alone-was an adverse employment action. Indeed, case law on this subject holds precisely the opposite.
citation_a.signal: see
citation_a.identifier: 153 F.Supp.2d 378, 396
citation_a.parenthetical: "[A]n alleged deficiency in an employer's internal complaint procedure or internal investigation of a sexual harassment complaint'-- even if the deficiency is little more than an attempt to strengthen an employer's defense-is not a retaliatory adverse employment action."
citation_a.sentence: See, e.g., Peltier v. United States, 388 F.3d 984, 988 (6th Cir.2004) (employee put on paid administrative leave pending the outcome of an internal investigation, who was restored to her position upon the termination of the investigation, suffered no adverse employment action); O’Dell v. Trans World Entm’t Corp., 153 F.Supp.2d 378, 396 (S.D.N.Y.2001) ("[A]n alleged deficiency in an employer’s internal complaint procedure or internal investigation of a sexual harassment complaint'— even if the deficiency is little more than an attempt to strengthen an employer’s defense-is not a retaliatory adverse employment action.”).
citation_b.signal: cf.
citation_b.identifier: 285 F.3d 705, 715
citation_b.parenthetical: an internal investigation is no adverse employment action where employee "suffered no material disadvantage in a term or condition of employment as a result of the investigations" in First Amendment Retaliation context
citation_b.sentence: Cf. Jones v. Fitzgerald, 285 F.3d 705, 715 (8th Cir.2002) (an internal investigation is no adverse employment action where employee “suffered no material disadvantage in a term or condition of employment as a result of the investigations” in First Amendment Retaliation context); Benningfield v. City of Houston, 157 F.3d 369, 376 (5th Cir.1998) (same); Richards v. State of Connecticut Dep’t of Corr., 349 F.Supp.2d 278, 289-90 (D.Conn.2004) (same).