What is the test for establishing a prima facie case of unlawful retaliation under title VII?

MultiRegion, United States of America

The following excerpt is from Karamanos v. Baker, 881 F.2d 1084 (9th Cir. 1989):

A plaintiff may establish a prima facie case of unlawful retaliation under title VII by showing that (1) he engaged in activity protected by the statute, (2) the employer subjected him to an adverse employment decision, and (3) a causal link exists between the protected activity and the employer's action. Yartzoff v. Thomas, 809 F.2d 1371, 1375 (9th Cir.1987). If the plaintiff is successful, the burden of production shifts to the employer to articulate a legitimate, nonretaliatory explanation for its action. Id. at 1376. The ultimate burden of persuasion, however, remains with the plaintiff. Id. If the employer carries its burden successfully, plaintiff may succeed directly by persuading the court that a discriminatory reason more likely motivated the employer or indirectly by showing the employer's proffered explanation lacks credibility. Id. at 1377.

I. The Proposed Termination

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