An Administrator's Guide to California Private School Law

Chapter 7 - Recognizing And Preventing Harassment, Discrimination And Retaliation

Any opposition to an employment action – regardless of whether the employee specifically files a grievance or complaint – may be a protected activity for purposes of a retaliation claim. As a result, schools must be able to document legitimate, non- discriminatory business reasons for employment decisions. 950

LCW Practice Advisor

B. A DVERSE A CTION An adverse action is one that materially affects the terms, conditions, or privileges of employment. 951 The phrase “terms, conditions, or privileges” of employment must be interpreted liberally, and with a reasonable appreciation of the realities of the workplace. 952 Adverse actions include employment actions like termination or demotion, but also those actions “reasonably likely to adversely and materially affect an employee’s job performance or opportunity for advancement in his or her career.” 953 LCW Practice Advisor An adverse employment action may be something less than a disciplinary action or unsatisfactory performance evaluation (e.g., criticizing an employee, soliciting negative information about an employee from others, or making threats of termination). 954 However, the action must negatively affect the employee’s compensation, workplace conditions or status. The following examples identify types of conduct that courts have found constituted an adverse employment action:

 Verbal abuse, locks changed and false accusations of incompetence; 955  Daily criticism, increased supervision and unfounded misconduct investigations; 956  Denial of overtime; 957  Relocation of office to basement and reduction in duties; 958  Transfer to another facility;  Denial of benefits;  Failure to hire or rehire;  Intimidation;  Reassignment affecting prospects for promotion;  Reducing pay or hours;  Denial of employee’s administrative needs;

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 232