Section 361 of the Act places the onus on the employer to prove on the balance of probabilities that the reason for adverse action
was not one which is prohibited.
What is interesting and troubling about this case is that that jury did find materially adverse action
Effective July 21, a section of the FCRA will be amended to specifically include disclosure requirements for any person taking an adverse action
based on a credit score.
The reverse onus is a logical complement to the absence of a comparative test, and makes proving attribute-based adverse action
under the FW Act a clearly preferable alternative to proving unlawful conduct under anti-discrimination law.
The Supreme Court held that an expansive interpretation of the definition of adverse action
is needed in retaliation claims to safeguard the intent of antiretaliation provisions, which is to prohibit employers from engaging in conduct that could deter individuals from complaining of discrimination.
Some MNEs may suffer losses resulting from the adverse action
of the host government and other stakeholders, while others may not be influenced.
The hospital eliminates the targeted physician from the hospital, reports the adverse action
to the National Practitioner Data Bank and the state licensing board, often destroying the physician's medical career.
A: Although you can generally discipline an employee for insubordination, you should never take adverse action
against a worker for refusing to perform an illegal act.
I am deeply concerned that this Department has been cited as the cause for adverse action
It is critical if an adverse action
is necessary or if the problem ends up in court.
The employer will give the appropriate notices in the event that an adverse action
is taken against an applicant based on the contents of the consumer report;
Of the 1,401 managed care organizations surveyed, 84% have never reported an adverse action