What is an adverse employment action under California Law

Under California employment law, an adverse employment action refers to any action taken by an employer that negatively impacts an employee’s terms or conditions of employment. 

Adverse employment actions can encompass a wide range of actions, including but not limited to:

• Termination or firing of employment
• Demotion to a lower position or reduction in job responsibilities
• Reduction in pay or benefits
• Failure to promote or provide advancement opportunities
• Transfer to a less desirable location or shift
• Unjustified disciplinary actions, such as suspension or reprimand
• Harassment or hostile work environment
• Retaliation for engaging in protected activities, such as whistleblowing or filing a complaint about workplace discrimination or harassment
• Constructive discharge, where the employer makes working conditions intolerable, forcing the employee to resign.
• Adverse employment actions are significant because they can form the basis of various legal claims, including wrongful termination, discrimination, retaliation, and harassment. California law prohibits employers from taking adverse actions against employees based on protected characteristics such as race, gender, age, disability, religion, national origin, sexual orientation, and others.

Employees who believe they have been subjected to adverse employment actions in violation of California law may have legal recourse through avenues such as filing complaints with state agencies like the Department of Fair Employment and Housing (DFEH) or pursuing civil lawsuits against their employers. 

It’s crucial for employees to understand their rights and consult with an experienced employment law attorney such as the team at Stalwart Law to determine the appropriate course of action.