A tangible employment action refers to a significant change in an individual’s job, such as being hired, fired, or transferred to a different position with more or less responsibility. It can also encompass decisions that impact an individual’s benefits, such as not receiving a raise or losing a private office. Additionally, if a supervisor threatens to terminate someone’s employment in order to coerce them into doing something, that can also be considered a tangible employment action. However, simply being relocated to a different office or receiving a negative performance review is not sufficient. In cases where someone alleges sexual harassment in the workplace, they must demonstrate that a tangible employment action was taken against them. If they are unable to do so, the employer can argue that they made efforts to address the harassment and the individual did not take sufficient action to stop it. Furthermore, if a supervisor forces someone to quit their job due to harassment, that can also be considered a tangible employment action. Nevertheless, the individual must provide evidence that the employer did something to compel them to resign.
A tangible employment action refers to a major change in an employee’s employment situation, such as being hired, fired, denied a promotion, reassigned to a role with significantly different responsibilities, or experiencing a decision that significantly affects their benefits. This concept is a crucial aspect of a Title VII action, which allows an employer to be held responsible for the actions of a supervisor. Examples of tangible employment actions include being denied a raise, losing benefits that were specifically negotiated in an employment contract, facing threats of termination by a supervisor to force compliance with their demands, and being denied a promotion or benefits for refusing unwanted sexual advances from a supervisor. However, certain conditions like being reassigned to a different office or receiving lower job performance evaluations alone do not qualify as tangible employment actions. In cases where an employee alleges sexual harassment under Title VII and no tangible employment action is found to have been taken against them, the employer-defendant can raise an affirmative defence by demonstrating that they took reasonable measures to prevent and address the harassment, and that the employee unreasonably failed to take advantage of any opportunities to prevent or address the harm. Constructive discharge by a supervisor can also be considered a tangible employment action for which an employer is strictly liable under Title VII. However, the plaintiff must provide evidence of constructive discharge and show that an official act by the employer contributed to the constructive discharge. In summary, a tangible employment action is a significant change in an employee’s employment status that can hold an employer accountable for the actions of a supervisor.
A tangible employment action refers to any significant change in employment status, such as hiring, firing, promoting, demoting, or transferring an employee.
No, an employer must have a legitimate, non-discriminatory reason for taking a tangible employment action against an employee. Otherwise, it may be considered unlawful discrimination.
While a tangible employment action involves a significant change in employment status, an adverse employment action refers to any action that negatively affects an employee’s terms or conditions of employment, such as a pay cut or undesirable shift change.
Yes, if an employee believes that a tangible employment action was taken unlawfully, such as due to discrimination or retaliation, they may have grounds to file a lawsuit against their employer.
If an employee believes they have been unfairly subjected to a tangible employment action, they should first try to resolve the issue internally by discussing their concerns with their supervisor or human resources department. If this does not lead to a satisfactory resolution, they may consider filing a complaint with the appropriate government agency or consulting an employment attorney.
No, it is illegal for an employer to take a tangible employment action against an employee based on their protected characteristics, as outlined in federal and state anti-discrimination laws.
To prove that a tangible employment action was discriminatory, an employee may need to provide evidence such as direct statements or actions indicating discriminatory intent, statistical evidence showing a pattern of discrimination, or evidence of a different treatment of similarly situated employees.
No, it is illegal for an employer to retaliate against an employee for reporting illegal activity or filing a complaint. Taking a tangible employment action in response to such actions may be considered unlawful retaliation.
In some cases, an employer may be able to reverse a tangible employment action if it is determined that the action was taken in error or based on incorrect information. However, this would depend on the specific circumstances and applicable laws.
If an employee prevails in a lawsuit regarding a wrongful tangible employment action, they may be entitled to various damages, including back pay, front pay, reinstatement, compensatory damages for emotional distress, and attorney’s fees and costs. The specific damages awarded would depend on the facts of the case and applicable laws.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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