In general, a negative performance evaluation does not constitute an adverse employment action unless the evaluation has an adverse impact on an employee’s wages or salary. Thus, to characterize a negative performance evaluation as an adverse employment action, the plaintiff must point to a tangible employment action that she alleges she suffered, or is in jeopardy of suffering, because of the downgraded evaluation.

• What is an adverse employment action?
• How should and employer determine if an employee is qualified?
• What is a protected class?
• What happened to Percy Green after McDonnell Douglas v. Green?
• What was the McDonnell Douglas case about?
• Under the McDonnell Douglas framework, how does an employee establish a prima facie case of discrimination?
• How does a court determine whether an employee suffers discrimination?
• Does the EEOC’s finding of no discrimination prevent a subsequent court proceeding?
• What if the EEOC does not find there has been discrimination?
• What is a right to sue letter?
• What if the EEOC finds there has been discrimination?
• What happens once an employee files a charge of discrimination?
• What are the time limits for filing an Equal Employment Opportunity Commission (EEOC) charge?
• How does an employee file a claim under Title VII or other federal employment law?
• What if an employer has multiple reasons for taking adverse action against an employee a discriminatory reason and a lawful reason?
• Who was Griggs in the Griggs v. Duke Power case?
• When did the U.S. Supreme Court first recognize that Title VII included disparate impact claims?
• What is an example of an employer policy that would be considered disparate impact?
• What are the two main types or theories of discrimination?
• Does Title VII apply to just intentional discrimination?