10.8 Civil Rights-Title VII-Retaliation-Elements and Burden of Proof
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FAQ
To establish a prima facie case of retaliation, a plaintiff must show that (1) he or she engaged in a protected activity; (2) the employer subjected the plaintiff to an adverse employment action; and (3) the protected activity and the employer's adverse action were causally connected.
With federal disparate treatment claims under Title VII, employees do have the initial burden of proof. This means you must show that: You belong to a protected class ? that is, you're protected from discrimination on account of your race, color, national origin, religion or sex.
What is a whistleblower's burden to prove retaliation under SOX? A whistleblower may meet this burden by proffering circumstantial evidence, such as: Direct evidence of retaliatory motive, i.e., ?statements or acts that point toward a discriminatory motive for the adverse employment action.?iii
In order to establish a retaliation claim under Title VII, a plaintiff must demonstrate that: (1) she engaged in statutorily protected activity; (2) her employer took a materially adverse employment action against her; and (3) the protected activity and adverse job action are causally connected.
Per federal case law and regulatory agency guidance, there are three essential elements in a claim of retaliation: Protected activity. Adverse action. Causal connection.
For example, depending on the facts, it could be retaliation if an employer acts because of the employee's EEO activity to: reprimand the employee or give a performance evaluation that is lower than it should be; transfer the employee to a less desirable position; engage in verbal or physical abuse;
Retaliation claims result when an employee alleges discrimination based on protected status (e.g., race, gender, disability) and, in retaliation for making such a claim, the employee is treated adversely (e.g., the employee receives a demotion).
In order to establish a retaliation claim under Title VII, a plaintiff must demonstrate that: (1) she engaged in statutorily protected activity; (2) her employer took a materially adverse employment action against her; and (3) the protected activity and adverse job action are causally connected.
