This post appeared in November 2017. It was reviewed in September 2024 to provide the most up-to-date legal information.
This principle used to be clear – paid administrative leave was outside the scope of adverse employment action. This was based on court holdings that an employee suffers no substantial or material change in terms and
Determining what constitutes an “adverse employment action” is critical when an employee sues for retaliation and/or discrimination. In order to be able to sustain a claim for either retaliation or discrimination, an employee must sufficiently prove that he/she suffered an adverse employment action. This issue was recently addressed by the U.S. Ninth Circuit Court of