Claims: Retaliation Flashcards
There are two types of retaliation claims: _____ and ____.
Opposition and Participation
What sort of conduct does an Oppositional Conduct claim involve?
Claim includes behavior where the plaintiff is explicitly challenging, opposing, questioning and employment practice by the employer.
What sort of conduct does a Participation Conduct claim involve?
Involves behavior by the plaintiff within the formal complaint structure either within the EEOC or relevant state agency or within the employer’s formal structure.
Between Oppositional Conduct and Participation Conduct, which conduct is given nearly absolute protection from discrimination?
Participation
True or False: Oppositional Conduct claims do not include behavior by the plaintiff not within the formal filing of a charge.
False.
Under an oppositional conduct claim, a plaintiff must demonstrate what?
A reasonable, good faith belief that the conduct complained of is unlawful.
True or false: Responding to questions during an internal investigation is insufficient to sustain a claim for Oppositional Conduct.
False.
What is a plaintiff’s prima facie case for retaliation (4)?
Plaintiff was engaged in either Oppositional or Participation Conduct
The employer was aware of the conduct
Plaintiff suffered an adverse employment action
There was a causal connection between the plaintiff’s protected conduct and the adverse employment action.
An adverse employment action need not be ____ ____ the plaintiff’s employment under a claim for retaliation.
Directly related.
An adverse employment action under a retaliation claim may include harm occurring . . .
Outside of the workplace.
An adverse employment action under a retaliation claim MUST be _____ ______, meaning it would dissuade a reasonable worker from . . . .
Materially adverse
Making or supporting a charge of discrimination
Mixed motive claims are/aren’t available for a retaliation claim under Section 704(a).
Aren’t
Does an employee have a valid retaliation claim under Title VII when suffering an adverse employment action as retaliation for a spouse’s filing of a charge?
Yes.
Once a plaintiff has established a prima facie case of retaliation, the burden shifts to the defendant to articulate some _____, ________ reason for the adverse employment action.
Legitimate, nondiscriminatory
If the defendant is able to carry its burden of articulating some legitimate, nondiscriminatory reasons for the adverse employment action in a retaliation claim, the burden then shifts to the plaintiff to show that the defendant’s articulated reason was truly a . . .
Pretext for the defendant’s actual discriminatory motive.
