20.200 Proving retaliation claims by circuit
20.400 Adverse employment action
20.600 Proffered reason and pretext
20.800 [Reserved]
20.110 Anti-retaliation statutes
20.117 Rehabilitation Act
20.120 Scope of anti-retaliation statutes
20.121 ADEA
20.121.10 Analysis same as Title VII
20.122.10 Analysis same as Title VII
20.122.20 No right to compensatory or punitive
damages
20.122.30 No right to a jury trial
20.123 Equal Pay Act
20.124 42 U.S.C. § 1981
20.125 42 U.S.C. § 1983
20.126 FMLA
20.127 Rehabilitation Act
20.128.11 Scope of opposition clause vs.
participation
clause
20.128.30 Participation clause
20.128.31 Whether testimony must be
reasonable
20.128.40 Post-employment retaliation
20.130 Cases addressing scope of anti-retaliation statutes
20.131 Retaliation against employee who employer
mistakenly thinks
engaged in protected activity
20.132 Retaliation based on fact
that co-worker, who is
friend or family member, engaged
in protected
activity
20.133 Employee who involuntarily testified
about his own
discriminatory
conduct
20.134 Employee willing to testify on behalf of
another, but is
never called
20.135 Employee who participates in EEO
investigation by
opposing the
complainant
20.200 Proving retaliation claims by circuit
20.210 Direct method (for all circuits except 7th)
20.220 Indirect method (for all circuits except 7th)
20.221.11 Must plaintiff show that he is
qualified for
the position?
20.221.12 Burden of establishing prima
facie
case is not onerous
20.221.13 If "supervisory
harassment" is
involved,
then the Sixth Circuit
alters the prima facie case
20.221.14 Failure to hire
case has
additional
requirements
20.222 ADEA
20.223.30
Whether plaintiff must be a "qualified
individual with a disability"
20.224 Equal Pay Act
20.227 FMLA
20.228 Rehabilitation Act
20.231.10 Survival of summary judgment
20.231.20 Circumstantial evidence can be used
under
the direct
method
20.232.10 Similarly situated employee
20.311 Employee must identify illegal employment practice
20.320 Reasonable belief requirement
20.321 Does reasonable belief requirement apply
to
participation clause
and opposition clause claims?
20.322 Complaint involving same sex harassment
that is
found to be
based on sexual orientation
20.330 Engagement in protected
activity does not automatically
shield employee
from adverse employment action
20.331 Whether improper
or disruptive conduct constitutes
protected
activity
20.332 Job performance problems that
pre-date protected
activity
20.340 Whether particular conduct constitutes protected activity
20.341 Informal complaint or conduct
20.341.10 Informal complaint to supervisor
20.341.20 Informal complaint by attorney
20.341.30 Informal contact with EEO or EEOC
20.341.40 Requesting an accommodation under
the
ADA
20.342.10 Filing EEOC complaint
20.342.20 EEOC's issuance of right-to-sue letter
20.342.30 Complaint to employer
that third persons,
who are not employees, are being
harassed
20.342.40 EEOC complaint must allege discrimination
20.343 Participation in employer's internal investigation
20.344 Refusal to implement discriminatory policy
20.346 Illegal activity in furtherance
of preventing workplace
discrimination
20.347 Refusal to sign mandatory arbitration agreement
20.348 Another employee claims that this
employee is being
harassed
20.400 Adverse employment action
20.411 Adverse
employment action is more broadly defined
in retaliation
cases
20.412 Not everything
that makes an employee unhappy is
an adverse
employment action
20.413 Determination is based on an objective standard
20.414 Context of the
action matters in making
determination as to whether it
is materially adverse
20.415 Adverse action does not have to be work related
20.416 Definition in failure-to-hire cases
20.420 Cases applying definition
20.421.10 Denial of pay raise
20.421.20 Denial of bonus
20.421.30 Minimal loss of pay
20.421.40 Failure to reimburse expenses
20.421.50 Leave time
20.421.60 Failure to offer severance package
20.422.20
Demotion / lateral transfer or
reassignment
20.422.21 Transfer to new location
20.422.22 Transfer to administrative duty
20.422.23 Constructive demotion
20.422.40 Last chance agreements
20.423 Work opportunities
20.423.10 Denial of training
20.423.20 Denial of opportunity to temporarily
"be in
charge"
20.424.10 Supervisor or
co-worker ostracism or
harassment
20.424.11
Analysis of supervisor
harassment claims
20.424.12
Analysis of co-worker
harassment claims
20.424.20 Unfulfilled threats
20.425 Discipline and evaluations
20.425.10 Negative evaluations
20.425.20 Investigation of employee
20.425.30 Oral reprimand, counseling, or warning
20.425.40 Written reprimand, counseling or warning
20.425.50 Performance improvement plan
20.425.60 Suspension or administrative
leave with
pay
20.425.70 Suspension or administrative
leave
without pay
20.425.71 Suspension without pay, but
reinstatement
with back pay
20.426 Termination
20.427.10 Negative job reference
20.428.20 Counterclaim against employee
20.428.30 Employer making truthful police report
20.511 Knowledge of protected activity
20.520 Cases applying definition
20.530 Level of proof necessary to establish causal link
20.531.10 Is temporal proximity, alone, sufficient
20.531.20 Close
temporal proximity less probative
where employer was contemplating
adverse action before
employee engaged
in protected activity
20.531.21 Close
temporal proximity less
probative
where employer was
merely waiting until employee
on leave returned to
work before
taking action
20.531.30 Close
temporal proximity less probative
where employer is simply denying a
request made after
employee engaged in
protected activity
20.531.40 Lack of temporal proximity
20.531.50 First opportunity to retaliate
affects
temporal proximity analysis
20.600 Proffered reason and pretext
20.621 Standard for proving retaliation
20.622 Lack of temporal proximity as means
of disproving
retaliation
20.630 Alternative means of establishing pretext
20.631 Inconsistent policies
20.632 Similarly situated persons
20.710 Participation clause claims
20.720 Opposition clause claims
20.800 [Reserved]
20.902 Retaliation based on protected
activity at another
employer
20.903 Employer liable for retaliation of supervisor
20.904 Post-employment retaliation based on
refusal to
provide information to
prospective employer