What is Considered an Adverse Employment Action

Author: Mesriani Law Group
Posted on: September 4, 2020

California employers must provide employees with a health and safe working environment. In addition to state laws, federal laws protect employees from employers who retaliate against them for engaging in a protected activity such as reporting work discrimination.

Examples of Adverse Employment Actions

If an employee reports discrimination in the workplace, there are laws that protect them from any adverse employment actions.

According to the Equal Employment Opportunity Commission (EEOC), any action that inhibits your rights after you’ve reported workplace discrimination is considered an adverse employment action.

There are many forms of adverse employment actions but some of the most common include termination or disciplinary action. Other adverse actions include a demotion, denial of promotion, denial of a leave request, transfer to an undesirable work location, or unfavorable work assignments.

In some cases, victims of adverse employment actions have had their supervisory responsibilities removed or their work intensely scrutinized.

Essentially, an adverse employment action is any retaliatory act that your employer commits as a result of a workplace discrimination report.

Your Employee Rights in California

As an employee in California, you have state and federal laws that protect you from retaliatory actions of your employer.

For example, California whistleblowers laws protect employees who notifies an appropriate government or law enforcement agency of an employer’s violation or noncompliant actions. A whistleblower can also be an employee who refuses to participate in an illegal activity at work that would violate state or federal laws.

In addition to California state laws, federal laws protect whistleblowers who report fraud against the United States government. The False Claims Act is a federal law that protects employees from adverse employment actions for reporting fraud.

Additionally, Title VII of the Civil Rights Act of 1964 is a federal law that protects employees from various forms of discrimination. Under Title VII, employers cannot discriminate against employees based on a protected class such as age, race, color, gender, sexual orientation, pregnancy religion or national origin.

Statute of Limitations for Retaliation

If your employer has retaliated against you for engaging in a protected activity, you have the right to file a legal claim. In California, the statute of limitation for filing a retaliation claim is typically two to three years. However, the time limit may be longer or shorter depending on the specific situation. For example, if you work for a government agency, the statute of limitation can be a short as six months.

Workplace discrimination claims can be complicated. Regardless if you work for a government agency or private company, it’s in your best interest to seek legal assistance as soon as possible. The sooner you speak with a lawyer about your case the sooner you can get the justice you deserve.

Contact a Workplace Discrimination Attorney Today

Employees shouldn’t have to worry about retaliation from an employer. If your employer took an adverse employment action against you, the attorneys at Mesriani Law Group can help. Our Los Angeles attorneys have over two decades of experience fighting for employee rights and we can help you get the justice you deserve. Contact us today for a legal consultation.