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Administrative Leave As An Adverse Action For Title Vii Retaliation: New Principles For Liability Call For New Updates To Policy, Zachary R. Cormier
Administrative Leave As An Adverse Action For Title Vii Retaliation: New Principles For Liability Call For New Updates To Policy, Zachary R. Cormier
Northern Illinois University Law Review
The time has come for employers and their attorneys to recognize that placing an employee on paid administrative leave, pending an investigation (or otherwise), has become a riskier proposition under Title VII of the Civil Rights Act of 1964. Numerous courts have held that a paid administrative leave, in most cases, will not constitute an “adverse employment action” as required by Title VII's discrimination provision. But herein lies the danger for employers making the decision on a paid administrative leave-- such relative security no longer applies to retaliation claims under Title VII. The warnings from federal circuit courts over the …