Tangible employment action is a term used in labor law to refer to an employment decision that has a significant economic or status impact on the employee. Examples of tangible employment action include hiring, firing, promotion, demotion, reassignment with significantly different responsibilities, and a decision causing a significant change in benefits.
Tangible employment action is important to consider when dealing with legal issues in the workplace. This is because employers must be especially careful when taking tangible employment action where discrimination might be an issue. For example, if an employee has provided ample evidence that discrimination was a factor in the employment decision, then such an action could be found to be illegal.
Examples of Tangible Employment Action
Examples of tangible employment action include:
- Hiring an employee
- Firing an employee
- Demoting or transferring an employee to a position with lower pay or fewer benefits
- Suspending an employee without pay
- Reducing an employee’s pay
- Giving an employee a negative performance review
What Are the Consequences of Taking Tangible Employment Action?
Employers who take tangible employment action against an employee may be held liable if it is found that an employer engaged in illegal discrimination while taking such action. This means that it is important for employers to be aware of potential discrimination issues when taking tangible employment action. Furthermore, it is advisable to document any tangible employment action taken in order to protect the employer from legal liability.
It is also important to note that employers may face legal action if they take retaliatory tangible employment action against an employee. Retaliation occurs when an employer takes action against an employee, such as demotion or termination, in response to the employee’s complaints or activities related to discrimination.
Why Employers Should Take Care When Taking Tangible Employment Action
Employers should be aware of the potential legal risks that may arise from taking tangible employment action. While it is important to make sure that any employment decision is legally sound, employers should also be mindful of potential discrimination issues that may arise from the decision. Additionally, employers should ensure that all employment actions are properly documented in order to protect the employer from potential legal liability.
Taking into consideration the potential consequences related to taking tangible employment action, it is important for employers to ensure that they are well-informed of the relevant labor laws and regulations in order to protect themselves from any legal issues that may arise.