![]() Legitimate Non-Retaliatory Reason for Challenged ActionĮXAMPLE 21: Negative Reference Was Truthful, Not RetaliatoryĮXAMPLE 22: Action Not Motivated By Retaliation.Examples of Facts That May Defeat a Claim of Retaliation.Other evidence that employer's explanation was pretextualĮXAMPLE 19: Evidence of Retaliatory Intent - Manager Advised No-Hire Based on Prior EEO ActivityĮXAMPLE 20: Evidence of Retaliatory Intent - Manager Departed from Practice.Examples of Facts That May Support Finding of Retaliation."Motivating Factor" Causation Standard for Title VII and ADEA Retaliation Claims Against Federal Sector EmployersĮXAMPLE 18: Explanation for Non-Selection Was Pretext for Retaliation."But-For" Causation Standard for Retaliation Claims Against Private Sector and State and Local Government Employers.Standing to Challenge: "Zone of Interests".Materially Adverse Action Against Employee.Third Party Retaliation - Person Claiming Retaliation Need Not Be the Person Who Engaged in Opposition. ![]()
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