Losing a job, getting passed over for a promotion, or getting reassigned to less desirable duties is frustrating and can completely upend your life. These changes don’t just affect your finances—they can cause emotional distress, damage your confidence, and stall your career. Unfortunately, for some employees, these tectonic shifts result from tangible employment action harassment.
Tangible employment action harassment occurs when a supervisor or employer abuses their power to make unfair employment decisions that significantly affect an employee. If you suspect you were a victim of this type of harassment, understanding your rights is critical to preventing derailment of your career by wrongful workplace actions.
What Is a Tangible Employment Action?
A tangible employment action is an official decision that an employer or supervisor makes that significantly affects the employee’s job status or benefits. These actions can include hiring, firing, demotions, promotions, reassignments, and changes in compensation or benefits.
Such developments are often linked to the supervisor or employer’s misconduct and are unlawful if they stem from retaliatory or discriminatory motives. Quid pro quo harassment, where a supervisor demands personal favors in exchange for job benefits, is a common example of this misconduct. Discrimination decisions based on race, gender, or retaliation also may qualify as a tangible employment action.
Title VII of the Civil Rights Act of 1964 protects workers against adverse employment decisions based on unlawful discrimination or harassment. Tangible employment actions can be a form of employment discrimination. As such, if the action stems from misconduct, the employee may pursue a claim under Title VII.
It’s important to note that these actions reflect the decisions of the entire employer, not just an individual supervisor. Employers are vicariously liable for the actions of supervisors or managers who act on the company’s behalf. Thus, even though the supervisor took the unlawful action, the employer can be held responsible.
How Can Harassment Happen From a Tangible Employment Action?
Harassment through tangible employment action often occurs when an employee fears negative changes to their job status. A higher-up in the company, such as a supervisor, may exploit that fear through quid pro quo harassment, such as unethical or sexual harassment, or by demanding favors in exchange for job security, promotions, or benefits.
Employees might face:
- Wrongful termination for refusing the supervisor’s inappropriate demands
- Missed promotions due to discriminatory or retaliatory actions
- Changes in benefits as a form of punishment or coercion
These actions can create a hostile work environment where employees feel pressured, unsafe, or powerless. However, it’s important to recognize that not all employment changes qualify as tangible employment action. For example, performance-related consequences, such as poor reviews leading to job loss, wouldn’t be considered tangible employment actions unless they stem from harassment or discrimination.
What Are Examples of Tangible Employment Actions?
Tangible employment action can take multiple forms, including:
- Termination: A supervisor fires an employee after they refuse to comply with unethical demands.
- Demotion: An employee is demoted for rejecting inappropriate advances or reporting misconduct.
- Failure to promote: A qualified employee is repeatedly overlooked for a promotion because of gender, race, or refusal to participate in workplace harassment.
- Reassignment: An employee is transferred to an undesirable position in retaliation for reporting workplace violations.
- Salary or benefits reduction: A supervisor reduces an employee’s salary or benefits to punish or coerce them.
Each of these actions affects the victim’s financial stability, career trajectory, and overall well-being, often contributing to emotional distress or job insecurity.
Who Is Liable for Tangible Employment Action Harassment?
Employers are vicariously liable for tangible employment action harassment by their supervisors, managers, and executives. These individuals act on the employer’s behalf, so their actions amount to the company’s official decisions. Given this dynamic, a company is liable for failing to prevent harassment or discrimination within its workplace.
Supervisors, managers, and company executives, in particular, hold positions that allow them to misuse their authority. This abuse of power may precipitate harassment and other unfair employment practices, leaving the employer accountable for their actions.
What Can You Do If You Have Experienced Tangible Employment Action Harassment?
If you were a victim of tangible employment action harassment, taking the right steps is critical to protecting your rights and holding your employer accountable. Here’s what you can do:
Gather Evidence
Evidence plays a major role in proving harassment at work. Gather as much evidence as you can, including:
- Emails, text messages, or written communication from the harasser
- Performance reviews that contradict the reasons given for adverse employment actions
- Witness statements from colleagues who observed the harassment
- Documentation of previous complaints or reports you filed with HR
Report the Action
Report the harassment internally to your company’s human resources department to create a formal record of the misconduct. Many organizations have specific procedures for reporting and handling harassment claims, and HR may take corrective action. When reporting the harassment, be specific and document all interactions, including dates and times.
If, after reporting the incident, the company fails to address the issue or the response is inadequate, you can file a claim with the Equal Employment Opportunity Commission. The EEOC is a federal agency that investigates complaints, mediates disputes, and may pursue legal action against employers who violate Title VII protections. Investigations can take several months, but the EEOC works to ensure a fair process for both parties involved.
Work With an Employment Lawyer
If you were a victim of tangible employment action harassment, speak with an experienced employment lawyer. An experienced and skilled attorney can help you collect and organize evidence, such as emails, performance reviews, and witness statements, to support your claims. This step is integral to proving that the adverse employment action was rooted in discrimination, harassment, or retaliation and helps strengthen your claim.
Your lawyer also can help by communicating with your employer or HR department. For example, if you’re facing wrongful termination or retaliation, your lawyer can negotiate to resolve the issue without litigation. They can represent you in discussions, working to protect your rights and advocate for your interests. If necessary, your lawyer can help you file a lawsuit to pursue justice and compensation for the harm caused by an unlawful employment action.
Contact Joseph & Norinsberg for Your Employment Law Cases
If you believe you were a victim of tangible employment action harassment, Joseph & Norinsberg is here to help. We’re committed to representing the underdog and fighting for those wronged in the workplace to receive the justice they deserve. Our firm believes that cases are not won by “showmanship” inside the courtroom but through relentless and time-consuming preparation outside of it.
Our experienced New York employment lawyers focus on workplace harassment cases and will work tirelessly to gather evidence and build a strong case on your behalf. Contact us online or call 212-227-5700 today for a free consultation.
