Can a plaintiff satisfy the first element of a retaliation claim, participation in protected activity, by alleging that he filed a formal or informal complaint regarding unlawful employment practices?
MultiRegion, United States of America
The following excerpt is from Albro v. Modly, No. 1:18-cv-01156-DAD-JLT (E.D. Cal. 2020):
A plaintiff can satisfy the first element of a Title VII retaliation claim, participation in a protected activity, by alleging that he filed a formal or informal complaint regarding unlawful employment practices. See Passantino v. Johnson & Johnson Consumer Prods., Inc., 212 F.3d 493, 506 (9th Cir. 2000). The disputed employment practices need not have been actually unlawful; plaintiff need only show that his belief that an unlawful employment practice occurred was "reasonable." Id.
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