What is a "tangible employment action"?

Unfavorable Action
  • Firing
  • Demotion
  • Possibly transfer
  • Often has economic impact
  • Everyone agrees that this is a Tangible Employment Action
Unfavorable Inaction
  • Denial of raise
  • Must show connection between the inaction and the conduct
  • Likely sufficient, but still unclear that this is a Tangible Employment Action
Favorable Action
  • "Give me a kiss and I'll promote you," then employee gives kiss and boss promotes
  • Clearly involves use of power
  • Courts are unclear if this is a Tangible Employment Action
Favorable Inaction
  • "I'm going to fire you unless you give me a kiss," then employee gives a kiss and is not fired
  • Least successful of the four, as courts often don't think this is a Tangible Employment Action

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