Employment Adverse Action Explanation

Our firm has the employment lawyers Tampa residents trust who can explain that federal and state statutes specifically prohibit discrimination in the workplace based on certain characteristics. These characteristics typically include race, color, national origin, sex, pregnancy, religion, marital status, disability, age, and in some circumstances, sexual orientation. In addition to prohibiting discrimination, these laws also prohibit retaliation.

What Is Retaliation?

Our Tampa employment lawyers can explain that retaliation occurs in this context when an employer takes adverse action against a person who made a reasonable, good-faith complaint to his/her employer that he/she believe that he/she was being harassed or discriminated against based on their protected characteristic, filed or participated in a proceeding or investigation in which an employee alleged discrimination. This protects the individual who was victimized by discrimination, as well as witnesses or other individuals who report such misconduct.

What Is Adverse Action?

Traditional definitions of adverse employment action include failing to hire, terminating or demoting the individual who is alleging retaliation. However, adverse employment actions include anything done by the employer to the employee that would dissuade a reasonable employee from making future complaints.

What Determines Adverse Action?

Adverse action is determined on a case-by-case basis, based on the particular facts of the case. For example, a schedule change may mean very little to some employees. However, this may make a significant difference to working parents who rely on a particular schedule in order to conform to their parenting schedule. Another example is when an employee receives a less favorable performance review than in the past. Our Tampa employment lawyers can explain the types of adverse employment acts that could be actionable under state and federal law.

Legal Assistance from Employment Lawyers Tampa Residents Can Trust

For more information on establishing that adverse employment action has occurred, contact Tampa employment lawyers from Florin Gray by calling (888) 814-6199.