What is an adverse action?
The legal bar and courts dispute this element of the prima facie case quite often. Employers and their attorneys tend to argue that the only adverse actions are things that affect your pay – termination, suspension without pay, and the like. Employees and their attorneys tend to argue that an adverse action is anything that alters the terms and conditions of employment. Whether or not you have suffered an adverse action in a disability discrimination claim requires individualized analysis, and you should consider contacting an attorney that has experience in disability discrimination claims.
A. Adverse actions are steps that the Licensing division may take to force an operation or home to close. Adverse actions are taken when an operation or home has been cited for deficiencies that pose a risk to the health and safety of children, or if there are indications of a continued failure to comply with standards, rules or law. Adverse actions may be a denial of an application to operate, a revocation, a suspension or an adverse amendment with conditions to a license, registration, certification or listing.
