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Brown v. Snow

Discriminatory work assignment and retaliation claim may constitute adverse employment action.

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Judge Lynch

BROWN v. SNOW — In this employment discrimination and retaliation action, plaintiff Osmond Brown, an African-American immigrant from Costa Rica, alleges that he has consistently been denied the opportunity to work on “higher-graded” cases as an Internal Revenue Agent (“RA”) at the Internal Revenue Service (“IRS”) since his transfer to its Large and Mid-Size Business Team (“the Team”) in June 2000. Initially appearing pro se, he has filed a standard-form employment discrimination complaint, an attached narrative statement of facts, and a copy of the required Equal Opportunity Employment Commission (“EEOC”) decision rejecting his administrative complaint. On the form, Brown has indicated that he is stating claims for “[f]ailure to promote,” “[r]etaliation,” “[h]arassment,” and “[h]ostile working [c]onditions,” and that the alleged discrimination was based on his race, color, and national origin. The factual narrative alleges only that Brown’s supervisor has refused to assign to Brown, and to one other RA in the Team, who is Haitian, “cases that [would] qualify [them] for career development, and advancement,” while “the other agents in the group born American continued to work these cases.” Since filing the complaint, Brown has obtained counsel. Counsel has not sought to amend the complaint, which, understandably in the case of a pro se plaintiff, is not well-crafted.

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