Less Obvious and Overlooked Adverse Employment Actions

In any employment discrimination case, there are really two questions: was there some form of harassment or discrimination or retaliation, and if so, what was the consequence–meaning, what “bad thing” happened to the employee, that indicated that he or he was punished in some way, because of his or her actions race, gender, religion, or disability?

Adverse Employment Actions

These “bad things” or punishments, are legally called adverse employment actions.

We tend to think of an adverse employment action as being fired or not hired, or perhaps, not being given a promotion or a raise. These are, of course, some of the most serious adverse employment actions–but they’re not the only kind.

In many cases, an employer can punish you in more subtle ways–ways that are so subtle, you may even wonder if you can bring a lawsuit for harassment or discrimination.

Some of the less popular, less well-known, and less obvious forms of adverse employment actions that employers will do to employees, include:

Poorer assignments – Often, at work, we are given tasks, projects or assignments from our employer. Some tasks are better than others, to the extent that they may be easier (thus setting us up for success), or they may add to our resume or experience, or might simply make you “look better” as an employee, for working on those tasks.

Because of retaliation or discrimination, many employers will take away these tasks from you–you might find you are being given only the more difficult, time consuming, or irrelevant tasks.

Training – It is true that often, not every employee can go to or take part in every kind of training. But if you’re constantly being left out of trainings, that could be an adverse employment action.

Training gets us better at our job; It sets us up for promotions and career advancements, and secures our future at work. When you are routinely excluded from these training sessions, it could be a sign that your employer is trying to “get back at you,” for an illegal reason.

Transfers and location – for larger companies, which may have multiple offices–perhaps in different cities or even different states–transfers can be desirable, or undesirable. Often, to punish an employee, an employer will transfer an employee to an office that is smaller, less prestigious with less amenities, or which just makes the employees life more difficult (such as a far away transfer).

Of course, there are legitimate non-discriminatory, non-punishment reasons why employees are transferred to other offices–but if you feel you are being harassed, and suddenly find yourself being moved to a less desirable office or location, you may want to ask if your employer is trying to punish you.

Social exclusion – If you’re being left out of social functions that the rest of the office is being included in, that could be a sign of harassment and discrimination.

While these events are “outside of work,” they have an in-work effect–by being excluded, you are being isolated, not forming bonds with bosses and co-workers, and generally being told “you’re no one of us,” which can affect your ability to advance in the workplace.

Let us help you figure out if you’re being discriminated against at work–and what you can do about it.  Contact the San Jose employment law attorneys at the Costanzo Law Firm today.

Source:

eeoc.gov/laws/guidance/enforcement-guidance-retaliation-and-related-issue