Gender based policies. Fifth Circuit strictly interpreted what may affect a plaintiff terms of conditions or privileges of employment and determined that only ultimate employment decisions could be adverse employment actions. Hamilton v. Dallas County rehearing en banc
Plaintiff filed against LSA alleging he was discriminated against because he is African American. LSA moved for summary judgment stating Plaintiff was suspended with pay and was not constructively discharged. The district court dismissed the case, and Eleventh Circuit affirmed.
Beyond clear examples of an adverse employment action, like being fired, suspended, or having your pay cut, it gets murky about what other actions rise to this level. Indeed, federal courts around the country have come to different answers based on similar facts.