Traditionally the action had to affect compensation, terms, conditions, or privileges of employment in a material way. The Supreme Court's Muldrow decision lowered the threshold, requiring only some harm rather than significant harm.
Retaliation applies a broader standard.
Alternative Names:
Adverse Action|Materially Adverse Action
Why it Matters?
Muldrow materially changed this element, eliminating the requirement of significant or material harm that many circuits had imposed and permitting claims based on transfers and assignment changes that previously failed at the threshold. That expansion affects how employers should evaluate lateral moves and schedule changes. The retaliation standard remains broader still, reaching anything that might dissuade a reasonable employee from complaining.
Frequently Confused with
Related terms
Frequently asked questions
What did Muldrow change?
How does the retaliation standard differ?
