JOHNSON v. INDEPENDENCE BLUE CROSS, 2:09-cv-04239

Johnson, African American, employed as a lead actuarial analyst at IBC since April 2006 and reported to Cary, then Smith, on Part D and Part C projects.
Johnson enrolled in IBC's Actuarial Development Program in 2006–2007, passed two exams, failed both, and withdrew from the program with supervision noting no impact on performance reviews.
In January 2008 Cary promoted John Forster to Part D manager over Johnson, despite Johnson's awareness of the open position and interviews conducted for Forster.
Johnson complained in September–October 2007 about Cary's conduct and later alleged that his supervisors harbored racial discrimination; an HR investigation found no discrimination.
Johnson sought recognition through Best of the Best and later alleged discriminatory practices in promotions, reviews, and recognition processes.
Finally, in March 2008 Johnson received a full 2007 performance review with an overall “proficient” rating and a raise, which he later claimed damaged his promotion prospects.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there a prima facie case for discrimination based on failure to promote?	Johnson asserts race biased promotion decision.	IBC did not rely on race; Johnson did not apply or express interest for the Part D manager role.	No material triable issue; Johnson did not demonstrate discriminatory motive.
Are the challenged actions by IBC sufficiently adverse to support discrimination/retaliation claims?	Changes in assignments, recognition, and inadequate promotion opportunities show adverse acts.	Actions were not materially adverse; Johnson kept his job, salary, and similar duties.	No genuine dispute; actions not sufficiently adverse.
Is there evidence of pretext or retaliation for protected activity?	Johnson asserts pretext in promotion timing and in the 2007 review.	Proffered reasons were non-retaliatory; timing is insufficient to show causation.	No triable issue; reasons are legitimate and not pretext.

McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (establishes burden-shifting framework for discrimination)
Storey v. Burns Int’l Sec. Servs., 390 F.3d 760 (3d Cir. 2004) (adverse action must affect compensation, terms, or conditions)
Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53 (2006) (retaliation standard; action must dissuade a reasonable worker)
LeBoon v. Lancaster Jewish Cmty. Ctr. Ass’n, 503 F.3d 217 (3d Cir. 2007) (temporal proximity considerations in retaliation)
Fuentes v. Perskie, 32 F.3d 759 (3d Cir. 1994) (pretext framework for proving discrimination)
Anderson v. Wachovia Mortg. Corp., 621 F.3d 261 (3d Cir. 2010) (applies pretext and evidence to discrimination analysis)
Metal Serv. Co. v. EEOC, 892 F.2d 341 (3d Cir. 1990) (exception to application requirement for failure-to-promote)