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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.

Takings | Tangible personal property

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RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
14:30
Sent an app to OSU in early december and have STILL not heard back
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