Proving Retaliation

To establish a retaliation case, an individual must show that:

• They engaged in a protected activity.
• They experienced an adverse employment action.
• A causal link existed between the protected activity and the adverse employment action.¹

After these basic elements are established (a “prima facie case”), the employer’s defense is to offer a legitimate reason for the adverse employment action. If the employer produces a legitimate reason for the adverse employment action, a presumption of retaliation no longer exists and the burden shifts to the employee to prove intentional retaliation.²