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Tangible Employment Action: What It Means for Your Employment Rights
Definition & Meaning
A tangible employment action refers to a significant change in an employee's job status. This can include actions such as hiring, firing, demotion, promotion denial, reassignment to a position with different responsibilities, or changes that significantly affect benefits. These actions are important in employment law, particularly in cases involving discrimination or workplace harassment, as they can indicate a hostile work environment or unfair treatment.
Table of content
Legal Use & context
This term is commonly used in employment law, particularly in cases related to workplace discrimination and harassment. A tangible employment action can serve as a basis for legal claims under various civil rights laws. Understanding this term is crucial for both employers and employees, as it helps define the boundaries of acceptable workplace behavior and the consequences of adverse employment actions. Users may find legal templates on US Legal Forms useful for addressing issues related to tangible employment actions.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: An employee is demoted from a managerial position to a lower-level role without justification. This change negatively impacts their salary and job responsibilities, constituting a tangible employment action.
Example 2: A worker is denied a promotion due to discriminatory reasons, such as their gender or race. This denial is a tangible employment action that can be challenged in court. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Variation
California
Broader definitions of employment actions under state discrimination laws.
New York
Specific protections against retaliation following a tangible employment action.
Texas
Limited grounds for claims related to tangible employment actions compared to other states.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Tangible Employment Action
Significant changes in employment status.
Focuses on actions that have a measurable impact on employment.
Adverse Employment Action
Any action that negatively affects an employee's job.
Broader than tangible actions, includes minor changes.
Retaliation
Actions taken against an employee for reporting misconduct.
Specific to punitive measures following a complaint.
Common misunderstandings
What to do if this term applies to you
If you believe you have experienced a tangible employment action that may be discriminatory or unfair, consider the following steps:
Document the details of the action and any related communications.
Review your company's policies on employment actions and discrimination.
Consult with a legal professional to understand your rights and options.
You can also explore US Legal Forms for templates that may assist you in filing a complaint or taking further action.
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