Labor/Employment,
9th U.S. Circuit Court of Appeals
Mar. 24, 2021
High court to tackle evidentiary standard for retaliation claims
The 9th Circuit has asked the California Supreme Court to address whether our Labor Code displaces the McDonnell Douglas burden-shifting framework for retaliation claims.
Aaron L. Osten
Partner
Greene, Broillet & Wheeler LLP
100 Wilshire Blvd Ste 2100
Santa Monica , CA 90407
Phone: (310) 576-1200
Fax: (310) 576-1220
Email: aosten@greene-broillet.com
Loyola Law School; Los Angeles CA
California Labor Code Section 1102.5(b) prohibits an employer from retaliating against an employee who engages in certain whistleblowing activity by making reports of reasonably suspected unlawful conduct. To establish a prima facie case of retaliation under Section 1102.5, a plaintiff must show that "'(1) she engaged in a protected activity, (2) her employer subjected her to an adverse employment action, and (3) there is a causal link between the two.' [Citation.]." ...
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