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Earlier this month, a federal appellate court addressed a few situations involving retaliation claims in the workplace in which parties (and sometimes courts) may misapply the law, namely, Title VII of the Civil Rights of 1964.
So, let’s clear this up.
A retaliation claim has three elements: a protected activity, such as an internal complaint of discrimination; (2) a subsequent adverse employment action, like a termination; and (3) a nexus, or “causal link” between the two.
Let’s focus on two situations involving a possible protected activity.
Suppose an employer bypasses an employee for a promotion. The employee asks his supervisor