EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Timing of Action

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The premise of a retaliation case is that the employer has taken adverse action against an employee because of the employee’s exercise of protected rights; therefore, temporally, the protected activity must precede the adverse action; where the initial adverse action occurs prior to the protected activity, but the adverse action changes substantially after the protected activity, the protected activity will be found to have preceded the adverse action, thus establishing the correct temporal relationship for retaliation purposes.