EMPLOYER DISCRIMINATION; ADVERSE ACTIONS – In General

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Adverse action is required to support a claim of discrimination or reprisal under the Novato standard. In determining whether an adverse action occurred, the Board uses an objective test and will not rely on the subjective reactions of the employee; p. 3, warning letter. The employer's disparaging remarks about the charging party in the presence of another employee is not an adverse action; p. 3, warning letter.