Retaliation

Question 1

What is not considered retaliation?

Answer 1

Responses to employee misbehaviour, or disloyal/excessivly disruptive behavior

Question 2

What are the 3 elements of retaliation?

Answer 2

1) Whether the employee engaged in protected activity under Title
VII;
2) Whether the employee suffered a materially adverse
employment action; and
3) Whether a causal link existed between the protected activity
and the adverse employment action, which is to say that the
protected activity motivated the adverse employment action.

Question 3

Must retaliation be in response to a materially adverse employment action?

Answer 3

yes

Question 4

what are the 3 elements of a retaliation claim?

Answer 4

1) Whether the employee engaged in protected activity under Title VII;

2) Whether the employee suffered a materially adverse employment action; and

3) Whether a causal link existed between the protected activity and the adverse employment action, which is to say that the protected activity motivated the adverse employment action

Question 5

Which statutes contain retaliation provisions?

Answer 5

title 7, ADA, ADEA, EP

Question 6

Can McDonnel be used to evaluate retaliation claims?

Answer 6

Yes, where there is circumstantial evidence

Question 7

what are the 2 types of protected activity for retaliation claims?

Answer 7

participation and opposition

Question 8

what is participation?

Answer 8

one type of retaliation claim. includes employee actions such as filing and processing retaliation claims. includes testifying

Question 9

what kind of protection does retaliation for participation receive?

Answer 9

Near complete protection from employer retaliation

Question 10

what is opposition?

Answer 10

less formal employee actions relating to a retaliation claim. ex. where an employee refuses to engage in discriminatory behaviour at the employer’s request

Question 11

can opposition occur where an employee is asked a question?

Answer 11

yes. if an employee is asked to answer questions in testimony or in an interview and the answers are oppositional to an employer’s actions, that counts as protected opposition

Question 12

what kinds of protections does a planitff reive for opposition?

Answer 12

only protected when there is a reasonable believe that an anti-discrimaition act has been violated

Question 13

what kinds of opposition is not protected by anti-discrimination statutes?

Answer 13

conduct that is illegal or severely disruptive/disloyal to the workplace

Question 14

what is a materially adverse employment action?

Answer 14

a tangible harm that would dissuade a reasonable employee from filing or supporting a discrimination claim

Question 15

what is the difference between a materially adverse employment action, and a tangible employment action?

Answer 15

tangible employment action is for an affirmative defence for vicaiaurs lability for harassment claims. they are a significant change in employment status - hiring, firing, refusal to promote, reassignment with different responsibilities, or a significant change in benefits

a materially adverse employment action is an element of a retaliation claim. it is a tangible harm that would dissuade a reasonable employee from filing or supporting a discrimaition claim

Question 16

what is a casual link?

Answer 16

the 3rd element of a retaliation claim. - the employer must have taken the materially adverse employment action because of the protected activity

Question 17

how can a plaintiff show a causal link for retaliation?

Answer 17

either through direct evidence, or, through a temporal proximity - if the laterally adverse employment action was taken shortly after the protected activity began

Question 18

what kind of causation is used for retaliation claims?

Answer 18

but-for causation. must have occurred because of the protected activity