Earnie Howell v. Arkansas Employment Security Department

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 04-1528
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Earnie Howell,
Appellant,
v.
Arkansas Employment Security
Department; Rhonda Dortch, in her
official and individual capacity,
Appellees.
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Appeal from the United States
District Court for the
Eastern District of Arkansas.
[UNPUBLISHED]
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Submitted: January 14, 2005
Filed: May 2, 2005
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Before LOKEN, Chief Judge, HANSEN and MORRIS SHEPPARD ARNOLD,
Circuit Judges.
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PER CURIAM.
Earnie Howell worked for the Arkansas Employment Security Department as
the office manager of the Jonesboro office. In September 2001, he was transferred
to the position of office manager of the Walnut Ridge office, a somewhat smaller
office approximately twenty-five miles away. Howell retained the same grade, pay,
and benefits. He sued the Arkansas Employment Security Department and its area
operations chief, Rhonda Dortch, alleging age and sex discrimination.

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1 The Honorable James M. Moody, United States District Judge for the Eastern
District of Arkansas.
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The district court 1 granted summary judgment to the defendants, concluding
that the transfer did not constitute an adverse employment action. Howell appeals.
The district court correctly concluded that, under the uncontroverted facts of
the case at bar, the transfer was not an adverse employment action. See, e.g., Curby
v. Solutia, Inc., 351 F.3d 868, 874 (8th Cir. 2003); Jones v. Fitzgerald, 285 F.3d 705,
714 (8th Cir. 2002); Hoffman v. Rubin, 193 F.3d 959, 964 (8th Cir. 1999);
Montandon v. Farmland Indus., Inc., 116 F.3d 355, 359 (8th Cir. 1997).
Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B.
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