employment law · claim
Retaliation occurs when an employer takes adverse action against an employee because the employee has engaged in, or reported, activities protected under law, such as filing a complaint or participating in an investigation. This doctrine aims to protect employee rights and promote an environment free from intimidation.
The employee must demonstrate that they engaged in a protected activity.
What to prove: The employee must show they participated in an activity that is protected by law, such as filing a complaint about workplace discrimination or harassment.
The employer must have taken an adverse action against the employee following the protected activity.
What to prove: The employee must demonstrate that the employer's action would deter a reasonable person from engaging in similar protected activity.
There must be a causal link between the protected activity and the adverse action.
What to prove: The employee must show that the adverse action was motivated, at least in part, by the employee's engagement in the protected activity.
The employee bears the burden of proof to establish a prima facie case of retaliation, typically under the preponderance of the evidence standard.
Retaliation claims often draw on issues of causation and the nature of adverse actions, so focus on building your arguments around these elements. Analyze hypothetical scenarios carefully to determine whether each element is satisfied.