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Employer Retaliation is a form of revenge against an employee who took steps seeking to enforce his or her legal rights. The laws prohibiting discrimination in the work place also prohibit retaliatory action being taken against an employee by an employer because the employee has asserted rights or made complaints under those laws.

To establish a case of retaliation, an employee is required to show 1) he or she engaged in a statutorily protected activity; 2) he or she performed his or her job according to his employer’s legitimate expectations; 3) despite meeting his employer’s legitimate expectations, he or she suffered a materially adverse employment action; and 4) he or she was treated less favorably than similarly situated employees who did not engage in statutorily protected activity. If this case is satisfied, the burden shifts to the employer to articulate a legitimate, non-discriminatory reason for the adverse employment action.

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