Morristown, NJ employment law attorney Claudia Reis talks about what’s required to win a LAD (New Jersey Law Against Discrimination) Retaliation lawsuit. She explains that when people ask what is needed to win a particular type of employment case, the standard answer is usually “it depends.” However, in retaliation cases, she provides a more specific response.

In retaliation claims, the first requirement is that the employee engage in protected conduct. This includes complaining about, disclosing, objecting to, or refusing to participate in conduct the employee reasonably believes is illegal, or raising concerns about discrimination or other workplace violations. Following this protected conduct, there must be some form of retaliation—an action by the employer that is materially adverse to the employee.

She emphasizes that establishing a clear chronology is critical: the protected conduct occurs first, followed closely by the adverse action. The closer in time these two events are, the stronger the inference that the employer’s action was retaliatory.

She also notes that while some jurors may be skeptical about the continued existence of discrimination in workplaces, most can relate to the idea that employers often react negatively when employees challenge them. Therefore, demonstrating the sequence of protected conduct followed by adverse action is often the most important factor in successfully proving a retaliation claim under employment law.