What is the burden of establishing that a defendant has a legitimate, non-retaliatory reason for the challenged action?
MultiRegion, United States of America
The following excerpt is from Swan v. San Joaquin Valley Coll., Inc., 1:13-CV-01073-LJO-GSA (E.D. Cal. 2015):
Once a plaintiff has made the threshold prima facie showing, the defendant must articulate a legitimate, non-retaliatory reason for the challenged action. Davis v. Team Elec. Co., 520 F.3d 1080, 1089 (9th Cir.2008). If the defendant puts forth non-retaliatory reasons for the action, the burden shifts back to the plaintiff to show that the defendant's proffered reasons were actually a pretext for
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