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Do you know what illegal retaliation is when it comes to your job? We ask Denver lawyer Samantha Pryor for this Ask the Lawyers Quick Question.
Retaliation occurs when you engage in a protected activity under the law, and then because of that protected activity, your employer starts taking adverse actions against you, and there is a burden shifting process that occurs for retaliation claims. The person who believes they were retaliated against carries that initial burden to show just that what we just talked about, that they were engaged in a protected activity under the law, like complaining about discrimination or sexual harassment, and then because of that, because you were engaged in that protected activity, the employer starts engaging in those adverse actions. Then once you get done when meeting you're a burden, the burden will shift at the employer for them to respond and say, No, we did not retaliate against you, and we took those actions not because you were engaged in a protected activity, but because of these alleged justifiable business reasons. The burden then shifts back to the employee for the employee to respond and say that, "Look, those alleged justifiable business reasons are really just pretext or an excuse or a cover-up for retaliation or discriminations."
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