Pursuant to Executive Law § 296(1)(e), it is unlawful to retaliate against an employee who opposes discriminatory practices. To set forth a claim of unlawful retaliation, the employee must show that he or she engaged in a protected activity; that the employer was aware that the employee participated in the activity; that the employee suffered an adverse employment action; and that there is a causal connection between the employee's activity and the adverse action. When this initial burden is met, the burden shifts to the employer to present legitimate, independent, and nondiscriminatory reasons for its actions.
Matter of Copiague Union Free Sch. Dist. v. Foster, NY Slip Op 04303 (2d Dep't July 29, 2020)
