Adverse Action

Synonyms

Employee discipline; Retaliation

Definition

There are two definitions of adverse actions. The first definition is broad and refers generally to formal discipline of an employee. The second definition that is used by the US Equal Employment Opportunity Commission is narrower. It refers to an action that attempts to prevent an employee from opposing a discriminatory practice or participating in a discrimination proceeding. In the first definition, the adverse action has a negative impact on the employee’s job, but the negative impact can be justifiable by the employee’s misconduct and/or unacceptable performance. In the second definition, the negative impact is unjustifiable and is retaliation against the employee.

Introduction

The words adverse action can be used in reference to a variety of situations including employee retaliation cases, discrimination cases, and employee discipline. It is important to first understand the context of the situation in which adverse action is...