Understanding the term “adverse employment action” is crucial for employees who believe they may have been discriminated against or retaliated against in the workplace. This blog explores what constitutes an adverse employment action under both federal and California state law and its significance in employment law cases. Contact PLBH at (800) 435-7542 for a legal consutlation with an employment law attorney.
Definition of Adverse Employment Action Under Title VII
Title VII of the Civil Rights Act of 1964, a federal law, prohibits workplace discrimination and retaliation. However, the definition of an adverse employment action under this law varies for discrimination and retaliation cases.
Discrimination under Title VII
In discrimination cases, an adverse employment action involves a materially adverse change in employment terms. Examples include discharge, layoffs, demotions, salary reductions, and the denial of promotions. However, not all workplace issues, like minor tasks within a job description or negative performance reviews, are considered adverse under Title VII.
Retaliation under Title VII
For retaliation claims, the standard is “materially adverse action.” The focus here is whether the employer’s actions would deter a reasonable person from making a discrimination claim. Examples could include lateral transfers with significantly different job duties, even if the pay and benefits remain unchanged.
Adverse Employment Action Under California State Law
The California Fair Employment and Housing Act (FEHA) does not differentiate between discrimination and retaliation claims regarding adverse employment actions. Under FEHA, an adverse employment action is any course of conduct that materially and adversely affects employment terms, conditions, or privileges. This includes wrongful termination, demotion, harassment, reduced working hours, and any conduct likely to impair job performance or advancement prospects.
Importance of Adverse Employment Action in Employment Cases
Adverse employment actions are a key element in proving discrimination and retaliation cases. In discrimination, the adverse action must be linked to the employee belonging to a protected class. In retaliation cases, it must be due to engaging in protected activities like making discrimination claims or participating in whistleblower activities.
Proving an Adverse Employment Action
To demonstrate an adverse employment action, employees need to show a significant change in their employment conditions before and after the action. Key factors include changes in salary, work hours, benefits, job title, work duties, and promotion prospects.
Legal Representation from PLBH
If you believe you’ve suffered an adverse employment action, it’s essential to seek legal guidance. At PLBH, we specialize in employment law and can help you understand your rights and options. Contact us at (800) 435-7542 for expert legal advice and representation. Our experienced attorneys will work with you to evaluate your case and determine the best course of action.