10.8 Civil Rights-Title VII-Retaliation-Elements and Burden of Proof

• Category: Federal - Jury Instructions - 9th Circuit - Civil
• State: Multi-State
• Control #: US-JURY-9THCIR-10-8
• Format: Rich Text

Description

Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 10.8 Civil Rights-Title VII-Retaliation-Elements and Burden of Proof is the legal terminology for the burden of proof that an individual has to meet in order to prove that they were retaliated against for exercising their civil rights. This legal framework is based on Title VII of the Civil Rights Act of 1964, which prohibits employers from discriminating against employees based on their race, color, religion, sex, or national origin. In order to prove that an employee was retaliated against, they must show that they engaged in a "protected activity" (such as filing a discrimination complaint or opposing a discriminatory practice) and that the employer's action was taken in response to that activity. The burden of proof then shifts to the employer to demonstrate that the action was taken for a legitimate, non-retaliatory reason. There are two types of proof that can be used to establish a case of retaliation: direct evidence and circumstantial evidence. Direct evidence is evidence that directly links the employer's action to the employee's protected activity. Circumstantial evidence, on the other hand, is evidence that implies a causal link between the two.

10.8 Civil Rights-Title VII-Retaliation-Elements and Burden of Proof is the legal terminology for the burden of proof that an individual has to meet in order to prove that they were retaliated against for exercising their civil rights. This legal framework is based on Title VII of the Civil Rights Act of 1964, which prohibits employers from discriminating against employees based on their race, color, religion, sex, or national origin. In order to prove that an employee was retaliated against, they must show that they engaged in a "protected activity" (such as filing a discrimination complaint or opposing a discriminatory practice) and that the employer's action was taken in response to that activity. The burden of proof then shifts to the employer to demonstrate that the action was taken for a legitimate, non-retaliatory reason. There are two types of proof that can be used to establish a case of retaliation: direct evidence and circumstantial evidence. Direct evidence is evidence that directly links the employer's action to the employee's protected activity. Circumstantial evidence, on the other hand, is evidence that implies a causal link between the two.