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.All variants
| Variant | Description | Merits instance blocks | Distinct cases | Example cases (up to 3 per group) |
|---|---|---|---|---|
| causation/charge-followed-by-continuing-pattern | 1 Satisfied 1; not satisfied 0; excluded context 0 | 1 | /f-supp-3d/380/0783-01 — United States District Court for the Northern District of Illinois · 2019 — satisfied |
How courts decided this element
| Case | Element | Holding and scope | Variant | Exact source quotations |
|---|---|---|---|---|
| /f-supp-3d/380/0783-01 — United States District Court for the Northern District of Illinois · 2019 | 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. |