Practice point: To make out the claim, an employee-plaintiff must show that he or she has engaged in protected activity; (2) the employer was aware that the employee participated in the activity; (3) the employee suffered an adverse employment action based on the activity; and (4) there is a causal connection between the protected activity and the adverse employment action.
Student note: Once the plaintiff has met this initial burden, the burden shifts to the defendant to present legitimate, independent and nondiscriminatory reasons to support its actions. If the defendant meets this burden, the plaintiff must demonstrate that the reasons put forth by the defendant were merely a pretext.
Case: Delrio v. City of New York, NY Slip Op 00747 (2d Dept. 2012).
Tomorrow’s issue: Motions to dismiss.
