Robert Lynn v. Bank of New York Mellon
Split Score
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This score (0-100) indicates how likely this case is to be reviewed by the Supreme Court based on:
Case Summary
Disposition
Affirmed
The Third Circuit affirmed the district court’s grant of summary judgment in favor of The Bank of New York Mellon on Robert Lynn’s Title VII, § 1981, and NJLAD claims. The panel (Judge Porter writing for Judges Montgomery-Reeves and Bové) held that Lynn failed to show race discrimination, retaliation, or hostile-work-environment and rejected a constructive-demotion theory the court has never recognized.
Circuit Split Identified
Legal Issue
Whether a ‘constructive demotion’ is a cognizable adverse employment action separate from constructive discharge under federal employment-discrimination statutes.
Circuit Positions
Constructive demotion is a cognizable claim under Title VII (treated as an offshoot of constructive discharge).
Constructive demotion has not been recognized as a viable claim; court assumes arguendo but expresses no adoption.
Conflict Summary
The Eighth Circuit has expressly recognized ‘constructive demotion’ claims as a viable theory of liability, while the Third Circuit has not recognized such a cause of action and expresses skepticism of its viability.