Employment Labor and Benefits Advisory: First Circuit Outlines Requirements for Adverse Action in Failure-to-Hire Claims for Retaliation
12/11/2006
In a case of first impression, the United States First Circuit Court of Appeals held that an individual's letter to a former employer expressing general interest in a job did not constitute "applying" for a job, and therefore could not be a predicate for the adverse employment action prong in a Title VII retaliation case based on a "failure to hire."
This Mintz Levin Advisory reviews the First Circuit's decision, what a plaintiff must show in order to establish an adverse employment action and a list of action items for employers.
