What is an adverse employment action?

The facts and circumstances of each case determine whether a particular action rises to the level of an adverse employment action. Some common examples include termination of employment; demotion; pay reduction; or suspension. An experienced age discrimination lawyer can help assess your claim.

Depending on the context, the EEOC has found that the following examples may also constitute an adverse employment action: 

• work-related threats, warnings, or reprimands;
• negative or lowered evaluations;
• transfers to less prestigious or desirable work or work locations;
• making false reports to government authorities or in the media;
• filing a civil action;
• threatening reassignment; scrutinizing work or attendance more closely than that of other employees, without justification;
• removing supervisory responsibilities;
• engaging in abusive verbal or physical behavior that is reasonably likely to deter protected activity, even if it is not yet “severe or pervasive” as required for a hostile work environment; or
• taking (or threatening to take) a materially adverse action against a close family member (who would then also have a retaliation claim, even if not an employee).

Talk with an age discrimination lawyer to maximize your potential damages. If you have experienced workplace discrimination or whistleblower retaliation, call us at (202) 769-1681, or start your preliminary consultation online