What Actions Qualify as Illegal Employment Discrimination?
To prevail in a job discrimination action, the employee must show that the employer took an adverse employment action against the employee, and that the adverse employment action was motivated by discrimination. Types of adverse employment actions include: • Discharge, termination or firing • Demotion, transfer, or unfavorable job assignment • Reduction in pay • Failure to interview or hire • Denying promotion or advancement • Any other employment decision that materially affects the terms and conditions of employment Proving that an adverse job action is discriminatory is often complicated, because employers rarely admit they acted with a discriminatory motive. An employee must do more than show that an employer’s decision is unfair or wrong — employees must have evidence that the action was motivated by discriminatory bias. For example, when an employer’s stated reason for firing an employee is workplace misconduct, an employee may prove discrimination in part by showing that the em
