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Federal and state laws forbid an employer from retaliating against an employee by treating the employee adversely simply because the employee complained about workplace discrimination. A retaliation claim often turns on circumstantial proof; one such element of proof a court may consider is the timing between the employee’s complaint of discrimination and the adverse action the employee alleges is retaliatory.
Under Texas law, a plaintiff may establish a prima facie case of retaliation by showing: (1) the plaintiff engaged in a protected activity (complaining of discrimination); (2) an adverse action occurred; and (3) there was a causal connection between the participation in the protected activity and the adverse action. Establishing this prima facie case leads to an inference of retaliation. The employer must then articulate a legitimate, non-discriminatory reason for the adverse action. But, if the employee’s protected activity and the adverse employment action occurred close in time, the employer must offer a legitimate non-discriminatory reason that explains both the adverse action and the timing. Typically, the closer in time the protected activity and the adverse action occurred, the greater the implication of retaliation.
To speak with an employment law attorney about a possible retaliation claim or another employment law matter, please contact the employment lawyers at Clouse Dunn LLP at info@cdklawyers.com.
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