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LSDefine

Simple English definitions for legal terms

tangible employment action

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A quick definition of tangible employment action:

A tangible employment action is a big change in someone's job, like getting hired, fired, or moved to a different job with more or less responsibility. It can also be a decision that affects someone's benefits, like not getting a raise or losing a private office. If a supervisor does something like threaten to fire someone to make them do something, that can also be a tangible employment action. But just getting moved to a different office or getting a bad performance review isn't enough. If someone is saying they were sexually harassed at work, they have to show that a tangible employment action was taken against them. If they can't, the employer can say they tried to stop the harassment and the person didn't do enough to stop it. If a supervisor makes someone quit their job because of harassment, that can also be a tangible employment action. But the person has to prove that the employer did something to make them quit.

A more thorough explanation:

A tangible employment action is a significant change in an employee's employment status, such as hiring, firing, failure to promote, reassignment with significantly different responsibility, or a decision causing a significant change in benefits. It is an element of a Title VII action, which may hold an employer liable for the actions of a supervisor.

For example, a denial of a raise, loss of benefits specifically negotiated for in an employment contract, threats of discharge by a supervisor to coerce employees to comply with the supervisor's demand, and withholding a promotion or benefits for promotion for refusing to accept sexual advances from a supervisor are all considered tangible employment actions.

However, conditions such as reassignment to another office or downgraded job performance evaluations, by themselves, do not constitute a tangible employment action.

If an employee is alleging sexual harassment under Title VII, and no tangible employment action is found to be taken against the employee, then the employer-defendant may raise an affirmative defense to the action by showing that it exercised reasonable care to prevent and correct the harassment, and the employee unreasonably failed to take advantage of any preventative or corrective opportunities or otherwise failed to avoid harm.

Constructive discharge by a supervisor can also qualify as a tangible employment action for which an employer is strictly liable under Title VII. However, a plaintiff is required to prove the elements of constructive discharge and that an official act of the employer underlies the constructive discharge.

Overall, a tangible employment action is a significant change in an employee's employment status that can hold an employer liable for the actions of a supervisor.

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babycat
15:15
I love my hot chick friends. Don't know where I would be without them
15:15
Crazy story, I had dinner with the dad of a friend of mine and he just openly went on Tinder in front of me and the other guys. Later my mom ran into him with another woman (not his wife/friend's mom) and he got very uncomfortable and never texted her again
15:15
I can't imagine what it's like being a cheater or like a serial dater. Shit seems so nervewracking
BulbasaurNoLikeCardio
15:16
My wife and I have great and open communication but one night she kept asking me why this girl is blowing up my phone with messages/pictures so I showed her... she got a new puppy and got drunk so had her puppy doing a fashion shoot at 11pm.
babycat
15:16
Awwww
BulbasaurNoLikeCardio
15:17
I need more hot friends to hang with, the town we are in sucks butt for it and everyone seems shifty/flaky.
glovediedthisishismom
15:17
whoever was asking for an AU wave earlier fished their wish
babycat
15:18
I keep my dating very clean and above board. No overlaps, no ambiguities. If you want to go into some sort of public office in the future it's good to be smart about things like that
babycat
15:18
So many politicians have sex scandals and that's how they get blackmailed and other people have power over them. I mean of course there are ethical and emotional issues too but it's literally just smart to not be a cheater
BulbasaurNoLikeCardio
15:19
I would never go into public office as it drags in your family as well. Dating is so much easier then some people make it out to be and it is not that hard to not cheat. I would always tell my soldiers to rub one out before making a big decision so they arent acting dumb
BulbasaurNoLikeCardio
15:20
Like if more cheaters just paused and rubbed one out they would be like you know maybe ill just watch some TV
babycat
15:20
I've seen some people do a really good job keeping their family out of it. But it really is an "anything they can use against you, they will" type of vibe
babycat
15:21
Ugh I need to go work on essays bye folks
BulbasaurNoLikeCardio
15:22
I don't do anything I can be blackmailed with, I like money too much to be sketch. Have fun doing your essays and a good weekend
15:23
don't have the motivation to work on essays
BulbasaurNoLikeCardio
15:25
I got to work on essays for finals but I'm like that is a next week me problem. I am glad to be done with LS ones. I felt weird talking about myself
babycat
15:28
Bulbasaur if you weren't constrained by location I would say you should apply to Northwestern. They love applicants like you
BulbasaurNoLikeCardio
15:30
@babycat: what makes you say that?
15:31
sorry i already asked this and forgot to check but how much does a masters degree help for admissions? i rly want to go to northwestern or uchicago but im worried about my stats
glovediedthisishismom
15:32
some of you be so focused on the cheese you forgot about the trap
BulbasaurNoLikeCardio
15:32
I have not talked to northwestern or uchicago but the schools I did talked to said graduates are nice but they cant be hard stats to compare to others as not everyone has one
babycat
15:34
@BulbasaurNoLikeCardio: they really like non traditional applicants and older students
babycat
15:35
there are plenty of non trads who get admitted to nw with below median stats bc of their stories
snow
15:37
i want NW bad
JumpySubsequentDolphin
15:37
@glovediedthisishismom: im gonna get this tattooed
snow
15:38
hoping my 3 years of legal experience help!
BulbasaurNoLikeCardio
15:38
Im not that old lmao Ill see if I can convince the wife to allow me to apply and research the area more. Just worried that I wont have that intellect that a rank 9 school would need
snow
15:38
shoot your shot bulb
snow
15:38
dont tell yourself that.
BulbasaurNoLikeCardio
15:40
I think babycat just wants me close for when she gets into Uchicago lol For me the locations of the school and environment around it matters a lot
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