Allen v. Napolitano, 943 F. Supp. 2d 40

Allen, a GS-15 Director of Internal Controls at ICE, alleges Hill retaliated by excluding her from meetings and by giving a 2008 rating of Achieved Expectations.
Allen settled prior EEO claims in 2008, and Hill learned of this settlement because she had to implement terms including Allen’s retroactive Outstanding for 2005–2007.
Beginning Nov. 2008 Hill held meetings without Allen; Allen could access Hill’s Outlook calendar but never shows she requested attendance and was denied.
Allen received an overall 2008 rating of Achieved Expectations; the review discussed, though the plan identified four performance goals (60%) and seven core competencies (40%).
Department moved for summary judgment; discovery completed; court grants summary judgment for Napolitano on remaining retaliation claims.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was exclusion from meetings an adverse action?	Allen argues non-participation constitutes adverse action.	Hill's non-invitation constitutes a petty, nonactionable slight absent tangible harm.	Excluded from meetings not actionable; no tangible employment harm.
Is the 2008 performance evaluation an adverse action?	The rating was retaliatory and caused harm by denying a bonus.	Rating reflects actual performance and is not inherently adverse; no pretext shown.	2008 rating is an adverse action due to denial of a bonus; no genuine pretext found.

Burlington Northern & Santa Fe Ry. Co. v. White, 548 U.S. 53 (U.S. 2006) (adverse-action standard for retaliation claims)
Pardo-Kronemann v. Donovan, 601 F.3d 599 (D.C. Cir. 2010) (materially adverse consequences affecting terms, conditions, or privileges)
Douglas v. Donovan, 559 F.3d 549 (D.C. Cir. 2009) (tangible harm includes compensation impact)
Russell v. Principi, 257 F.3d 815 (D.C. Cir. 2001) (loss of status or petty slights are generally nonactionable)
Holcomb v. Powell, 433 F.3d 889 (D.C. Cir. 2006) (loss of reputation is a nonactionable subjective injury)