What is the test for an adverse employment action under Title VII of the United States?
MultiRegion, United States of America
The following excerpt is from Matthews v. McDonald, Case No.: 14cv1340-MMA (BLM) (S.D. Cal. 2016):
days of the date of the matter alleged to be discriminatory or, in the case of personnel action, within 45 days of the effective date of the action."); Sommatino v. United States, 255 F.3d 704, 707-708 (9th Cir. 2001). For purposes of Title VII, a claim "accrues upon awareness of the actual injury, i.e., the adverse employment action, and not when the plaintiff suspects a legal wrong." Lukovsky v. City & County of San Francisco, 535 F.3d 1044, 1049 (9th Cir. 2008).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the disclosure of adverse employment references constitute an adverse employment action? (MultiRegion, United States of America)
Does the mere investigation of an employee constitute a sufficient adverse employment action for purposes of Title VII retaliation? (MultiRegion, United States of America)
Can an employer discriminate against an employee who is adversely affected by an adverse employment decision? (MultiRegion, United States of America)
Can a state court deny jurisdiction in an action at law where the complaint is insufficient to state a cause of action? (MultiRegion, United States of America)
How have courts treated adverse employment actions in cases involving termination, dissemination of negative employment reference and refusal to consider for promotion? (MultiRegion, United States of America)
Can a plaintiff bring a civil action against the Attorney General for alleged violations of Title 18 of the United States Code? (MultiRegion, United States of America)
What is the test for an employer to bring an adverse employment action against a plaintiff who is disabled? (MultiRegion, United States of America)
What is a cause of action against a person who acts under color of state law who has violated rights guaranteed by the United States Constitution? (MultiRegion, United States of America)
What is the burden of proving that an employer's reason was a pretext for discrimination in an employment action? (MultiRegion, United States of America)
What are the elements of an adverse employment action? (MultiRegion, United States of America)
