Heilman-Asmus

MEMORANDUM **

The heart of this dispute is whether Heilman-Asmus suffered cognizable adverse employment actions. An action is cognizable as an adverse employment action if it is “reasonably likely to deter employees from engaging in protected activity.” Ray v. Henderson, 217 F.3d 1234, 1243 (9th Cir.2000).

Heilman-Asmus alleges no less than twelve actions she believes constitute adverse employment actions. 1 As to Acts 1(a) and 12, there is no evidence in the record to support an inference that a transfer was based upon a retaliatory motive since there was no evidence that the decision-maker was even aware of Heilman-Asmus’ complaints. Acts 2-3 are two isolated instances of unfulfilled threats that cannot be construed as adverse employment actions. Acts 4-7 and 10 amount, at most, to insufficient remediation, and cannot be construed as retaliatory in nature.

Acts 1(b), 8 and 9 all concern appellees’ conduct toward Heilman-Asmus’ husband. There is no evidence that the transfer of Heilman-Asmus’ husband adversely affected even his own employment. These Acts cannot be the basis for an adverse employment action against Heilman-Asmus. Act 11 fails on two grounds. First, there is no…