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00:04
retaliation cases are
00:06
oftentimes better than the underlying
00:09
discrimination case so the law provides
00:13
for people to engage in protected
00:15
activities
00:16
such as protesting discrimination
00:19
internally
00:20
with a company’s human resources
00:22
department
00:23
that’s protected activity a lot of
00:25
people don’t know that but that
00:26
protects you as long as this document is
00:29
so easy to show to protection
00:31
filing a charge of discrimination is a
00:34
protected activity
00:36
and i always tell my clients that
00:39
once you do something that engages
00:41
protected activity
00:43
document and and understand because
00:46
the standard in retaliation cases a
00:49
little bit different than the ordinary
00:50
discrimination case
00:52
you have to show that but for
00:55
the break the engaging the protected
00:57
activity you would not have suffered an
00:59
adverse job action
01:00
so the causation standard is difficult
01:02
then motivating factor which is
01:04
what other discrimination cases have so
01:08
you’ve got to be very very careful but
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having said that
01:13
it’s it’s been historically easier for
01:15
me
01:17
to sh to prove a retaliation case
01:19
because generally what happens
01:22
there’s a blatant demotion there might
01:24
be a blatant termination
01:26
and it’s sometimes easier to prove
Houston, TX employment law attorney Gregg M. Rosenberg shares his advice for someone who feels they’ve been a victim of employer retaliation.