Jury Instruction - 1.9.3 Miscellaneous Issues Retaliation
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FAQ
220e A "tangible employment action" means a significant change in employment status. Examples include hiring, firing, promotion, demotion, undesirable reassignment, a decision causing a significant change in benefits, compensation decisions, and work assignment.
Background. The United States Supreme Court has previously indicated that if harassment by a supervisor results in an "adverse employment action," it is irrelevant whether the employer had preventive measures in place (such as a harassment policy) or whether the plaintiff unreasonably failed to utilize those measures.
Non-selection. Firing. Failure to promote. Demotion. Suspension. Undesirable reassignment. Denial of a leave request.
An actual change that has an actual adverse effect on the job or working conditions, such as a firing, demotion, or suspension. When an employee claims to have been discriminated against or harassed by a supervisor, a tangible employment action supports the employee's case (and may be required to be proved).