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Many of you accumulate vacation days at work throughout the year. So did the plaintiff in this recent federal court decision. She alleged that when her employer denied her requests to use her unused, accrued vacation in 2018 and 2019, it discriminated against her based on her sex, seemingly because it allowed other men to use vacation on the dates she wanted.
Is that sex discrimination?
The law requires a plaintiff claiming disparate treatment to show that she suffered an adverse employment action. An adverse employment action is a materially adverse change in the terms and conditions of employment,
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