Can an employer discriminate against an employee who has opposed the practice made by this subchapter of the Civil Rights Act?

MultiRegion, United States of America

The following excerpt is from McMenemy v. City of Rochester, 241 F.3d 279 (2nd Cir. 2000):

Title VII prohibits an employer from "discriminat[ing] against any of its employees... because [the employee] has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter." 42 U.S.C. 2000e-3(a). To establish a prima facie case of such retaliation, the plaintiff must show: (1) participation in a protected activity; (2) that the defendant knew of the protected activity; (3) an adverse employment action; and (4) a causal connection between the protected activity and the adverse employment action. See Gordon v. New York City Bd. of Educ., 232 F.3d 111,

Page 283

113 (2d Cir. 2000).1

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