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Home / Opinion Digests / Labor & Employment / Labor & Employment – Title VII – Retaliation Claim – Poor Performance – Prior Documentation  (access required)

Labor & Employment – Title VII – Retaliation Claim – Poor Performance – Prior Documentation  (access required)

When timing is the only basis for a claim of retaliation, and when gradual adverse job actions began well before the plaintiff had ever engaged in any protected activity, an inference of retaliation does not arise. Since plaintiff’s supervisor began documenting plaintiff’s performance issues months before she engaged in protected activity, plaintiff cannot establish that ...

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