Also known as:retaliation claims · retaliatory claim · retaliatory claims · retaliation · retaliatory discharge claim
Written by attorneys · grounded in primary & secondary sources — see below
A cause of action alleging that a defendant took adverse action against the plaintiff because the plaintiff engaged in protected activity or performed a legal duty. The plaintiff must prove that the protected conduct caused the adverse action and that the action would not have occurred but for the protected conduct.
Sources & Authorities
How it applies
Common Examples
2
Fighting Words Prompt Retaliation Suit
Roland Rhodes stood inches from a city official at a public meeting and shouted personally abusive epithets accusing the official of corruption. The official responded by directing subordinates to deny Roland's pending permit application. Roland filed a retaliation claim asserting that the permit denial was punishment for his speech. The court evaluated whether the original epithets fell outside First Amendment protection and whether that classification affected the viability of the retaliation claim.
Self-Defense Raises Retaliation Issue
Rina Rahman used force against an attacker after reasonably believing serious bodily harm was imminent. The attacker later sued Rina for damages arising from the encounter. Rina raised self-defense and the court examined whether the force used met the serious-bodily-harm threshold under the cited restatement section.
Put it into practice
Test Yourself
5
Practice Essays5
· 8 primary sources
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Cases
Uniform Acts
Model Codes
Restatements
Hornbooks
Common questions
Frequently Asked
3
What elements must a plaintiff prove to establish a retaliation claim?+
The plaintiff must show engagement in protected activity, an adverse action by the defendant, and a causal link between the two. Proof of motive is necessary and many claims fail at the causation stage.
How does a plaintiff establish the causation element of a retaliation claim?+
The plaintiff must prove the protected conduct was the but-for cause of the adverse action. Courts examine timing, statements by the defendant, and whether the action would have occurred absent the protected activity.
What must a plaintiff show to survive summary judgment on causation in a retaliation claim?+
The plaintiff must produce evidence creating a genuine issue that the protected activity caused the adverse action. Mere temporal proximity may be insufficient without additional proof of retaliatory motive.
Constitutional LawIndividual rights · First Amendment freedomsUBEIntermediate