What is an Adverse Action?

An adverse action is an action taken to try to keep someone from opposing a discriminatory practice, or from participating in an employment discrimination proceeding. Examples of adverse actions include:

--employment actions such as termination, refusal to hire, and denial of promotion,

--other actions affecting employment such as threats, unjustified negative evaluations, unjustified negative references, or increased surveillance, and

--any other action such as an assault or unfounded civil or criminal charges that are likely to deter reasonable people from pursuing their rights.

Adverse actions do not include petty slights and annoyances, such as stray negative comments in an otherwise positive or neutral evaluation, "snubbing" a colleague, or negative comments that are justified by an employee's poor work performance or history.

Even if the prior protected activity alleged wrongdoing by a different employer, retaliatory adverse actions are unlawful. For example, it is unlawful for a worker's current employer to retaliate against him for pursuing a charge against a former employer.

For more information about adverse actions, see EEOC's Compliance Manual Section 8, Chapter II, Part D.

Source: www.eeoc.gov