How Do Employees Prove Retaliation?
Once it is established that an employee who has the right to bring a retaliation claim has engaged in protected activity, he or she must prove that the employer took the illegal action (termination, cut in pay, demotion, etc.) as a direct result of the protected activity. There are various types of evidence an employee can use to demonstrate this connection. A causal connection is typically established by showing that the employer’s decisionmaker reacted poorly to the protected activity prior to terminating the employee or taking some other adverse action. Causation can also be demonstrated by the employer’s failure to follow its own internal disciplinary procedures, or by showing especially close supervision or harassment of the employee after the protected activity took place. Employees on the verge of termination frequently complain to management about discrimination in an effort to create fear that their termination will be seen as retaliation, or to set up a retaliation lawsuit fo
