If you are a plaintiff, proving that some employment action was adverse is not always an easy task. And if you are the defendant, convincing a fact finder that the challenged action was not sufficiently adverse may at times be difficult. What then is an adverse employment action?

Both Title VII and the New Jersey Law Against Discrimination prohibit retaliation against employees who oppose discriminatory employment practices. For example, Title VII makes it unlawful for an employer to discriminate against an employee because that person “has opposed any practice made an unlawful employment practice by [Title VII], or because [that person] has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing [under Title VII].” 42 U.S.C. 2000e-3(a).