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Claims of Retaliation are on the rise. They often result from a genuine performance issue where the recipient argues that the adverse action is because of a protected activity or class. You should look at the following elements in determining whether your Company has exposure under the Law.

1. Protected Activities/ Class

Was the employee involved in a protected activity or is the employee in a protected class.

2. Materially Adverse Action

Adverse actions might include a bad evaluation, transfer to a less desirable position, termination, demotion, or discipline.

3. Causation

The connection, if any, between a protected activity or protected class and the retaliatory act.