What are the elements of a prima facie case for retaliation?

MultiRegion, United States of America

The following excerpt is from Ruggles v. California Polytechnic State University, 797 F.2d 782 (9th Cir. 1986):

The elements of a prima facie case for retaliation are set out in Wrighten v. Metropolitan Hospitals, Inc., 726 F.2d 1346, 1354 (9th Cir.1984). The plaintiff must show 1) that she was engaging in a protected activity, 2) that she suffered an adverse employment decision, and 3) that there was a causal link between the protected activity and the adverse employment decision. In this circuit, retaliation claims have arisen most often in the context of an employee's termination, and the causation element in those cases requires the plaintiff to show "by a preponderence of the evidence that engaging in the protected activity was one of the reasons for the firing and that but for such activity the plaintiff would not have been fired." Kauffman v. Sidereal Corp., 695 F.2d 343, 345 (9th Cir.1982).

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