Class Notes for 9-4 - Anna King HA 387 9.4.2007 Class Notes...

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Anna King HA 387 9.4.2007 Class Notes: 9.4.2007 Retaliation There has been a 100% increase in retaliation claims in the past year o You can beat initial claim and then lose on retaliation Payne vs. McLenore’s: Black man typically gets laid off due to seasonality. One time when he gets laid off he decides to join a civil rights group which is trying to get more black people to handle money in their jobs. Man doesn’t get re-hired after joining this group Defense says he didn’t apply, but that is not good enough (not pretext) Engaged in a protected expression Prima Facie case in retaliation o Engage in a protected expression o Adverse employment action o Link 1 and 2 (time is a big issue in this) There has to be a reasonable belief that there was discrimination and “he must be reasonably believe” (good faith) o When looking at protected expression there has to be good faith (subjective) and reasonable belief (objective) o
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