Employment Law

Title VII

Would a negative performance evaluation constitute an adverse employment action?

In general, a negative performance evaluation does not constitute an adverse employment action unless the evaluation has an adverse impact on an employee’s wages or salary. Thus, to characterize a negative performance evaluation as an adverse employment action, the plaintiff must point to a tangible employment action that she alleges she suffered, or is in jeopardy of suffering, because of the downgraded evaluation.

It is illegal to discriminate against any “protected class,” of people, including those of a different race, religion, age, national origin, sex, or disability (iStock).

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