Adverse Employment Action Explained
// Dallas, Texas, United States // Attorney Keith Clouse (Blog) // Keith Clouse
In employment discrimination cases brought under Title VII of the Civil Rights Act of 1964, a plaintiff must prove that he was subject to an “adverse employment action”—an employment action that affected the terms and conditions of his employment.
Adverse employment actions usually consist of ultimate employment decisions, such as hiring, firing, demoting, and compensating. A transfer or reassignment may also be considered the equivalent of a demotion—even if it does not result in a decrease in pay or title—where the new position proves to be objectively worse. A position might be considered objectively worse if it is less prestigious or less interesting or if it provides fewer opportunities for advancement. Finally, while the loss of some job responsibilities does not constitute an adverse employment action, the loss of key job responsibilities may be considered an adverse employment action where the loss is significant and material.
Many employees wrongly believe that any change in their working conditions, even a minor change such as a move to a less desirable cubicle or the loss of a fringe benefit, opens up the possibility of a discrimination claim. An employer can defend itself against these charges by showing that no adverse employment action actually occurred.
This article is presented by the Dallas employment attorneys at Clouse Dunn LLP. To speak to an employment lawyer about a workplace matter, send an email to debra@clousedunn.com or call (214) 239-2705.
Contact Keith Clouse
KEITH A. CLOUSE
Clouse Dunn LLP
214.220.2722 214.220.3833 ( fax) keith@clousedunn.com
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