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123991P.pdf 02/26/2014 Gary AuBuchon v. Timothy F. Geithner
U.S. Court of Appeals Case No: 12-3991
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Smith, Author, with Wollman and Beam, Circuit Judges]
Civil case - Employment Discrimination. In an action alleging the IRS
retaliated against plaintiff by failing to promote him to the position of
senior international agent, no such position was available to which
plaintiff could be promoted and no reasonable employee would have found
the IRS's failure to promote to be a materially adverse employment action;
other claims of material adverse employment action rejected; the IRS's
actions did not constitute constructive discharge.