Age Discrimination in Employment

In order to make a claim of Discrimination, an adverse employment action is needed.  Washington courts have defined "adverse employment action." According to our Supreme Court, discrimination requires "an actual adverse employment action, such as a demotion or adverse transfer, or a hostile work environment that amounts to an adverse employment action." Robel v. Roundup Corp., 148 Wash.2d 35, 74 n. 24, 59 P.3d 611 (2002).Federal law provides further guidance. An actionable adverse employment action must involve a change in employment conditions that is more than an "inconvenience or alteration of job responsibilities," DeGuiseppe v. Vill. of Bellwood, 68 F.3d 187, 192 (7th Cir.1995), quoting Crady v. Liberty Nat'l Bank & Trust Co. of Indiana, 993 F.2d 132 (7th Cir.1993), such as reducing an employee's workload and pay, Ray v. Henderson, 217 F.3d 1234, 1243-44 (9th Cir.2000). In contrast, yelling at an employee or threatening to fire an employee is not an adverse employment action. See Munday v. Waste Mgmt. of N. Am. Inc., 126 F.3d 239, 243 (4th Cir.1997).Furthermore, the employee must show (1) employee was within the statutorily protected age group; (2) employee applied and was qualified for an available promotion or position; (3) the employee was not offered the promotion or position; and (4) the promotion or position went to a significantly younger person. Kuyper v. Dep't of Wildlife, 79 Wash.App. 732, 735, 904 P.2d 793 (1995).If all these elements are met, the employee may have been discriminated against, and potentially has a claim against the employer.