EMPLOYER DISCRIMINATION; ADVERSE ACTIONS – In General

Single Topic for Decision 2631E

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In determining whether an employer’s action is adverse, the Board uses an objective test and will not rely upon the subjective reactions of the employee. “The test which must be satisfied is not whether the employee found the employer’s action to be adverse, but whether a reasonable person under the same circumstances would consider the action to have an adverse impact on the employee’s employment.” (pp. 8-9.)