EMPLOYER DISCRIMINATION; ADVERSE ACTIONS – In General

Single Topic for Decision 2687H

View all topics for Decision 2687H

Full Decision Text (click on the link to view): Full Text

In determining whether an employer’s action is adverse, the Board uses an objective test and will not rely upon subjective reactions of the employee. [Citation.] “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.” [Citation.] (Adopting proposed decision at pp. 30-31.)