AND · 29usc623:retaliation-causation
Require causal connection between protected conduct known to defendant and material adversity; ultimate retaliation liability requires the applicable but-for standard, not merely chronological sequence. Davis-Garett addresses the adversity standard, not an independent holding relaxing ultimate causation.
Exact element source
It shall be unlawful for an employer to discriminate against any of his employees or applicants for employment, for an employment agency to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because such individual, member or applicant for membership has opposed any practice made unlawful by this section, or because such individual, member or applicant for membership has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or litigation under this chapter.Source:
docroot/ir/usc/title29.jsonl#title29_sec623; Unicode character offsets [1750:2342] (end exclusive); SHA-256 d7414b39849853d6a6068539da731f835b09d9f238c028f95f2d0dd04fb6f667.Routes and case patterns
| Route | Definition | Merits instance blocks | Distinct merits cases | Examples (up to 3 cases per count group) |
|---|---|---|---|---|
| _whole accepted; 3 observed cases | The element is decided as a whole: the reasoning turns on no narrower doctrinal sub-question that distinguishes it from any other application of this element. | 3 Satisfied 2; not satisfied 1; excluded context 0 | 3 | McDaniel v. Progress Rail Locomotive — 343 F. Supp. 3d 753 (2018) · United States District Court for the Northern District of Illinois · 2018 — not · no-evidence (29usc623: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) · applied/merits · counted Spratt v. Bellwood Public Library — 380 F. Supp. 3d 783 (2019) · United States District Court for the Northern District of Illinois · 2019 — satisfied · pleaded (29usc623: author: Astra4 · not independently reviewed) · applied/merits · counted Rivera-Rivera v. Medina & Medina, Inc. — 898 F.3d 77 (2018) · United States Court of Appeals for the First Circuit · 2018 — satisfied · triable (29usc623: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) · applied/merits · counted |
How courts decided this element
| Case | Element | Holding and scope | Pattern | Exact source quotations |
|---|---|---|---|---|
| McDaniel v. Progress Rail Locomotive — 343 F. Supp. 3d 753 (2018) · United States District Court for the Northern District of Illinois · 2018 — not · no-evidence (29usc623: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Retaliatory causal connection | not Counted merits instance applied / merits basis: no-evidence Not given their own blocks: the court also holds that disputing the cell-phone suspension was not protected activity (no age-related complaint) and that the sweeping reassignment was not materially adverse; the overtime complaint is only assumed to be protected. | overtime complaint (assumed protected) followed the same month by a cell-phone write-up, later sweeping duty and discharge by a committee not shown to know of the complaint | And although Plaintiff may show temporal proximity- Howard reported him for a cellphone violation on August 29, 2016 and Plaintiff claims he complained about overtime opportunities at some point earlier that month,Source: docroot/ir/caselaw/f_supp_3d_343.jsonl#/f-supp-3d/343/0753-01; Unicode character offsets [44020:44234] (end exclusive); SHA-256 87ca235fdbd4d9547b55f168a055290b7387b2c0df73056c5fa74b73dc63d293.Plaintiff has also failed to produce any evidence that another employee (who did not complain about overtime) escaped suspension or termination, despite using their cell phone or receiving an injury in a similar fashion.Source: docroot/ir/caselaw/f_supp_3d_343.jsonl#/f-supp-3d/343/0753-01; Unicode character offsets [43799:44019] (end exclusive); SHA-256 87ca235fdbd4d9547b55f168a055290b7387b2c0df73056c5fa74b73dc63d293.In fact, Plaintiff offers no evidence to demonstrate that the Safety Committee even knew about his overtime complaint when they made the decision to terminate Plaintiff.Source: docroot/ir/caselaw/f_supp_3d_343.jsonl#/f-supp-3d/343/0753-01; Unicode character offsets [44423:44592] (end exclusive); SHA-256 87ca235fdbd4d9547b55f168a055290b7387b2c0df73056c5fa74b73dc63d293."timing alone is insufficient to establish a genuine issue of material fact to support a retaliation claim."Source: docroot/ir/caselaw/f_supp_3d_343.jsonl#/f-supp-3d/343/0753-01; Unicode character offsets [44250:44358] (end exclusive); SHA-256 87ca235fdbd4d9547b55f168a055290b7387b2c0df73056c5fa74b73dc63d293.Even if this Court assumes that Plaintiff's overtime opportunity complaint constituted a protected activity, the record shows no connection between this complaint and the cell phone suspension, termination, or sweeping assignment.Source: docroot/ir/caselaw/f_supp_3d_343.jsonl#/f-supp-3d/343/0753-01; Unicode character offsets [43418:43648] (end exclusive); SHA-256 87ca235fdbd4d9547b55f168a055290b7387b2c0df73056c5fa74b73dc63d293.Without more facts to suggest that Howard was retaliating in response to Plaintiff's initial overtime complaint, or even the reassignment's temporal proximity to the initial overtime complaint, there is not enough evidence to support a retaliation claim.Source: docroot/ir/caselaw/f_supp_3d_343.jsonl#/f-supp-3d/343/0753-01; Unicode character offsets [45616:45870] (end exclusive); SHA-256 87ca235fdbd4d9547b55f168a055290b7387b2c0df73056c5fa74b73dc63d293. |
| Spratt v. Bellwood Public Library — 380 F. Supp. 3d 783 (2019) · United States District Court for the Northern District of Illinois · 2019 — satisfied · pleaded (29usc623: author: Astra4 · not independently reviewed) | Retaliatory causal connection | satisfied Counted merits instance applied / merits basis: pleaded Temporal proximity and the alleged nine-month retaliatory course adequately pleaded causation. | causation/charge-followed-by-continuing-pattern | She alleges that within two weeks of receiving her EEOC charge, Bellwood began engaging in a pattern of retaliatory conduct over nine months intended to harass her and cause her emotional distress that culminated in Spratt's constructive discharge.Source: docroot/ir/caselaw/f_supp_3d_380.jsonl#/f-supp-3d/380/0783-01; Unicode character offsets [8819:9067] (end exclusive); SHA-256 ae65194fc22e806d299e7b218c92596a3be1c881f1451e66c47790b7cf1aad24.The Court finds that these allegations sufficiently allege a causal link.Source: docroot/ir/caselaw/f_supp_3d_380.jsonl#/f-supp-3d/380/0783-01; Unicode character offsets [9213:9286] (end exclusive); SHA-256 ae65194fc22e806d299e7b218c92596a3be1c881f1451e66c47790b7cf1aad24. |
| Rivera-Rivera v. Medina & Medina, Inc. — 898 F.3d 77 (2018) · United States Court of Appeals for the First Circuit · 2018 — satisfied · triable (29usc623: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Retaliatory causal connection | satisfied Counted merits instance applied / merits basis: triable | termination-threats-expressly-tied-to-the-charges | In her affidavit (again, under penalty of perjury) Rivera explained that mere days following her filing of the EEOC and ADU charges, she began being subjected to threats of termination by Pepín.Source: docroot/ir/caselaw/f3d_898.jsonl#/f3d/898/0077-01; Unicode character offsets [33331:33525] (end exclusive); SHA-256 be64c8b4debd470b0441ae1b9da004135e2b7606cc80df001bc6df2750d2e3d6.Here, Rivera was told on a repeated basis that she would be fired due to her filing of the charges with the ADU and EEOC.Source: docroot/ir/caselaw/f3d_898.jsonl#/f3d/898/0077-01; Unicode character offsets [38149:38270] (end exclusive); SHA-256 be64c8b4debd470b0441ae1b9da004135e2b7606cc80df001bc6df2750d2e3d6.The evidence presented, in other words, provides a causal connection between the harassment she allegedly suffered and her protected actions.Source: docroot/ir/caselaw/f3d_898.jsonl#/f3d/898/0077-01; Unicode character offsets [35633:35774] (end exclusive); SHA-256 be64c8b4debd470b0441ae1b9da004135e2b7606cc80df001bc6df2750d2e3d6. |