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Employment Law 101: Defining Adverse Action

Posted by Amber Boyd | Mar 04, 2019 | 0 Comments

If you read my previous post, Workplace Discrimination: 5 things every employee needs to know, then you know that in order to file a discrimination claim you need adverse action. This post will give a more in-depth definition of adverse action.

Unquestionable Adverse Action. Unquestionable adverse action includes failure to hire, failure to promote, demotion and termination.

Change of Job. A materially adverse change may be indicated by a less distinguished job title, a material loss of benefits and significantly diminished material responsibilities or other facts that may be unique to the particular situation.

Actions that Impede a Career. Actions that impeded an employee's career are adverse actions and may include failure to train or cross-train and may even include performance evaluations that impact pay and result in termination.

Harassment. Harassment based on race, sex, or other prohibited reasons can be an adverse action if it is severe and pervasive. An employer's failure to control a third party's discriminatory actions constitutes adverse action.

Constructive discharge. Constructive discharge refers to the situation in which an employer, without firing an employee, makes his or her working conditions so miserable that it drives him or her to quit.

Bonus: Retaliation. Retaliation occurs when an employer, employment agency, or labor organization takes an adverse action against a covered individual because he or she engaged in protected activity. I will discuss retaliation in-depth next month.

If you have any questions regarding this post or any employment matter, please don't hesitate to contact me at [email protected] or 317-210-3416. 

*The information you obtain in this article is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. 

About the Author

Amber Boyd

Amber K. Boyd is a versatile professional with strong experience in managing complex litigation matters. She founded Amber K. Boyd Attorney at Law in 2013, where she is the sole practitioner. Ms. Boyd specializes in employment law with a focus on discrimination cases. She also has deep expertise ...

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