In its Sept. 30 opinion in Mitchell v. MG Industries , the U.S. District Court for the Eastern District of Pennsylvania addressed two frequently raised issues: when a cause of action accrues and whether everything that negatively impacts an employee rises to the level of an “adverse employment action” under the anti-discrimination laws.
Investment Opportunity Denied
According to the opinion, in 2001, MG was owned by a German industrial gas company, Messer Griesheim GmbH, which sold a portion of the company to two investment banks. Following this sale, MG offered a plan to select employees whereby they could invest in the company and, when the investment banks sold their stakes, the employees could realize a profit on their investment if the sale was successful. The most senior management of MG was offered the opportunity to participate in this investment and then certain lower level employees were selected to participate as well.
