Tangible Employment Action: All you Need to Know

Tangible Employment Action is a legal term that describes an employer’s action, such as a termination, demotion or denial of a promotion, that materially affects an employee’s employment status. An action taken by someone with the power to make a decision concerning an employee’s job. The person must meet certain criteria in order to be considered a tangible employment action. A boss, supervisor or other decision-maker could be this person.

You may be eligible to submit a complaint with the Equal Employment Opportunity Commission (EEOC) if you have witnessed a tangible employment action that you feel is unlawful or unfair. One federal entity that looks into workplace discrimination is the EEOC. Remember that you only have a short window of time to file a complaint with the EEOC, so if you think you’ve been the victim of discrimination, you should act promptly.

A Tangible Employment Action: What Is It?

Any activity that materially alters your work status is considered a tangible employment action.  This could involve: termination; notification of a major shift in salary; Demotion; Suspension; Reallocation; Damage to the economy; Salary reduction; Modification of working conditions; radically changing the duties assigned to an employee;

It suggests that you were the target of some sort of action by your employer.  And the majority of the time, that move hurts you.  But sometimes, your employment position can alter for the better. A pay increase or promotion would be two examples.

In the legal community, a tangible employment action is referred to as a “term of art.”  These terms are used by solicitors to allude to specific legal principles.  For example, “double jeopardy” prohibits charging the same offense twice. In employment law, “tangible employment action” is a technical word.

Which Kind of Harassment Is Classified as Tangible Employment Action?

Sexual harassment in the context of a concrete job action is known as quid pro quo harassment. If your supervisor makes sexual advances towards you in exchange for a promotion, this could be considered quid pro quo sexual harassment.

When there is a tangible employment action related to workplace harassment, employers are strictly liable and cannot raise a defense.  This implies that the employer just needs to provide evidence of the occurrence of the illegal harassment and the tangible employment action.

In cases where your supervisor utilized his or her authority to demand a sexual favor in return for being promoted. The law protects you.

As previously said, suspension, demotion, and termination are all tangible employment actions.  This implies that you may have legal recourse if you experience those negative effects.

Who Imposes Tangible Employment Action?

 

Who has the authority to impose a tangible employment action is usually clear. Usually, it’s your manager or supervisor. Someone in power or authority over you.

The Equal Employment Opportunity Commission, an organization tasked with looking into employment breaches, states that under the law:

“A person is considered the supervisor of an employee if they have the authority to make concrete employment decisions that have an impact on the employee.”

Normally, your supervisor has the authority to demote, reassign, and, in certain situations, dismiss you.  However, this does not mean that your supervisor cannot take additional actions against you that would constitute a tangible employment action or other unfavorable employment action.

It’s also important to remember, even if it may not be clear, that your company is accountable for the concrete actions that your supervisor takes. In the past, employers would argue that they were not aware of discriminatory practices against their employees, which led to a negative employment decision.

Nonetheless, the US Supreme Court has ruled that employers are held accountable for the actions of their managers.  Stated differently, employers bear the responsibility for the foolishness of their supervisors if it leads to a breach of employment regulations.

Additionally, as you could have predicted, you could face concrete employment sanctions from your HR department.   However, a supervisor may occasionally bring up the Human Resources division. Your supervisor’s recommendations may be taken into consideration by the Human Resources (“HR”) department after going through your performance reviews.

Is Failing to Promote a Tangible Employment Action?

Is a refusal to promote considered a tangible employment action? This is a frequently asked question. It is acknowledged that the denial of a promotion constitutes a substantial alteration in one’s job position.  Therefore, denying a promotion to an employee is a tangible employment action.

The refusal to promote someone is merely one side of the story, much like other concrete workplace practices.  It will be the employee’s responsibility to prove that the non-promotion was caused by unlawful acts.

The main objective of any employment lawsuit is to obtain damages to make up for the hurt the employer caused to the worker.  This is true even in cases where the failure to promote is a tangible employment action.

The result is clear.  You would be compensated for the difference between what you would have made and what you would have made if you had been promoted.

Court Cases and Tangible Employment Action

It is up for debate whether or not you should file a lawsuit to try and recover these losses. For an answer to that question, you ought to see an employment attorney.

However, here are a few things to think about.  There is a possibility that your employer will take adverse action if you file a lawsuit while you are still working.  It goes without saying that the law protects you.  You are protected from retaliation by your employer if you file an employment lawsuit.

Nonetheless, employers will occasionally make an effort.  They might add a lot of negative reviews to your personnel file and try to build up evidence that may lead to your being fired.

You would have a strong case and could be represented by an excellent employment attorney.  But in the interim, you would still need to find new employment.

However, if you’re prepared to quit your job anyhow, pursuing a court suit will not harm you as much.  Maybe you should consider filing a lawsuit to get your lost wages back if you were going to quit the job.

Furthermore, when confronted with a lawsuit, some employers genuinely do act differently.  The cost of a lawsuit is high.  Moreover, it’s possible that your case may highlight your prejudice and mismanagement.

In conclusion

In conclusion, it is believed you now have some understanding of what constitutes a tangible employment action.

Should your employer take concrete employment action against you, a lawyer specializing in employment law can guide you through the process, evaluate your circumstances, and determine your best line of action.