submitted an evaluation from Dr. Ferrara stating substantially the same information. 2 . Cooper also initially brought claims against both UPS and the UPS Flexible Benefits Plan pursuant to ERISA, 29 U.S.C. § 1001 et seq., and COBRA, 29 C.F.R. § 2590. Cooper voluntarily dismissed his ERISA and COBRA claims brought against UPS and also voluntarily dismissed all claims brought against the UPS Flexible Benefits Plan on August 14, 2008. Cooper added § 1981 race discrimination claims against UPS in a second amended complaint filed in March 2009. Cooper then filed a second action which more fully alleged race and disability discrimination claims against UPS and the UPS Flexible Benefits Plan in May 2009. These claims against the UPS Flexible Benefits Plan were voluntar 539-40 (6th Cir.2002) (<HOLDING>). 5 . Cooper was discharged in August 2008. The
holding that termination is an adverse employment action holding that a lateral transfer without a loss in benefits does not constitute an adverse employment action holding that a transfer to a worksite 180 miles away from plaintiffs home did not necessarily constitute an adverse employment action while noting that such a transfer could under some circumstances constitute an adverse employment action holding that a transfer of job duties can constitute an adverse employment action holding that where an employee was transferred to a new job site over 120 miles away that transfer while not per se an adverse employment action was an appropriate factor for the jury to consider in determining whether an adverse employment action occurred