An Administrator's Guide to California Private School Law
Chapter 7 - Recognizing And Preventing Harassment, Discrimination And Retaliation
Any opposition to an employment action – regardless of whether the employee specifically files a grievance or complaint – may be a protected activity for purposes of a retaliation claim. As a result, schools must be able to document legitimate, non- discriminatory business reasons for employment decisions. 950
LCW Practice Advisor
B. A DVERSE A CTION An adverse action is one that materially affects the terms, conditions, or privileges of employment. 951 The phrase “terms, conditions, or privileges” of employment must be interpreted liberally, and with a reasonable appreciation of the realities of the workplace. 952 Adverse actions include employment actions like termination or demotion, but also those actions “reasonably likely to adversely and materially affect an employee’s job performance or opportunity for advancement in his or her career.” 953 LCW Practice Advisor An adverse employment action may be something less than a disciplinary action or unsatisfactory performance evaluation (e.g., criticizing an employee, soliciting negative information about an employee from others, or making threats of termination). 954 However, the action must negatively affect the employee’s compensation, workplace conditions or status. The following examples identify types of conduct that courts have found constituted an adverse employment action:
Verbal abuse, locks changed and false accusations of incompetence; 955 Daily criticism, increased supervision and unfounded misconduct investigations; 956 Denial of overtime; 957 Relocation of office to basement and reduction in duties; 958 Transfer to another facility; Denial of benefits; Failure to hire or rehire; Intimidation; Reassignment affecting prospects for promotion; Reducing pay or hours; Denial of employee’s administrative needs;
An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 232
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