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Is that employment action adverse? 5th Circuit won’t say

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in Discrimination and Harassment,Human Resources

by Robert E. Bettac, Esqs., Ogletree Deakins, San Antonio

When presented with an employment discrimination claim, one of the early questions any agency or court must answer is whether the claimant has suffered an “adverse employment action.”

Simply stated, even if a discriminatory motive can be shown, did the employee suffer harm that was significant enough to support a viable discrimination claim?

This question arises regardless of whether the complaint is made under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA) or other state or federal employment law. Not every slight, indignity or inconvenience experienced in the workplace is sufficient to meet this standard. Even so, where does one draw the line?

Tangible job detriment

For decades, the 5th Circuit Court of Appeals has held that a plaintiff in a discrimination case cannot advance a claim unless the employment action in questio...(register to read more)

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