In Munive v. Fairfax County School Board, the Fourth Circuit recently ruled that an employer’s refusal to rescind a disciplinary notice issued after claimant filed a discrimination charge with the Equal Employment Opportunity Commission, and the consequent loss of a promotion, could constitute an adverse action sufficient to create a bona fide retaliation claim.  As such, the Court denied a motion to dismiss and permitted pretrial discovery to continue

The case serves as a reminder to employers to evaluate all of the facts prior to taking (or refusing to take) any action against an employee who recently has engaged in protected activity, even if the action may not appear to result in a significant impact on the employee’s terms and conditions of employment.