(2) «systematically» failing to provide employees with copies of their background checks prior to taking adverse employment action against them. (proformascreening.com)
Additionally, discrimination may occur even if there is not a termination or other adverse employment action. (lawyer-monthly.com)
Courts now look at whether the behavior constitutes harassment under Title VII of the Civil Rights Act of 1964, then whether the plaintiff actually suffered adverse employment action, such as termination, demotion, undesirable reassignment, decrease in benefits, or failure to be promoted as a result of the supervisor's actions. (realtormag.realtor.org)