Building A Facie Case For Retaliation - 1239 Words

Dean Washington stated her desire to withdraw her recommendation for Mr. Richardson’s promotion and her desire fire him is for what she describes as â€Å"unprofessionalism† of his involving the police in an office matter causing unnecessary disruptiveness to the work place. The Dean taking such an action could open the university up to an additional retaliation claim. In Litigating employment discrimination cases, Andrew Friedman explains that anti-discrimination laws also contain provisions prohibiting retaliation against engaging in a constitutionally protected activity, such as filing a sexually harassment claim. He further explains that â€Å"to establish a prima facie case for retaliation, an employee must show 1) that she engaged in a protected activity; 2) that an adverse employment action occurred; and 3) that a causal link existed between that protected activity and the adverse action† (Friedman, 2012). For the causal link there has to be knowledge of the protected activity taking place at the time of the adverse action and it has a lot to do with the amount of time between the two actions taking place (Friedman, 2012). As involving the police its self is not a protected activity and Dean Washington could go ahead with her desired actions; but it would not be advisable. Since Mr. Richardson only involved the police after he had exhausted all his resources at the university, he did so out of fear for his personal welfare, it was a result of the original sexually harassmentShow MoreRelatedPure Econom Ic Loss And Consequential Economic Loss2292 Words   |  10 Pagesin Common Law which has evolved over the years, where patterns have formed and have now established one of the vital legal frame-works for Delict Law in Scotland. A crucial case which set out the rules for when claims can be made is Spartan Steel Alloys Ltd v Martin Co (Con-tractors) Ltd. 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