M Civ JI 106.36 Educational Institution - Burden of Proof - Retaliation

Plaintiff has the burden of proving:

(a) that [ he / she ] [ opposed a violation of the Persons with Disabilities Civil Rights Act / made a charge, filed a complaint, or testified, assisted, or participated in an investigation, proceeding or hearing, under the Act ];

(b) that was known by the defendant;

(c) that defendant took an employment action adverse to the plaintiff; and

(d) that there was a causal connection between the protected activity and the adverse employment action.

To establish a causal connection, plaintiff must demonstrate that [ his / her ] participation in the protected activity was a significant factor in the defendant’s adverse employment action.

Your verdict will be for the plaintiff if the plaintiff has proved all of those elements.

Your verdict will be for the defendant if the plaintiff has failed to prove any one of those elements.

Comment

MCL 37.1602. Bachman v Swan Harbour Associates, 252 Mich App 400, 434 (2002), Aho v Dept of Corrections, 263 Mich App 281(2004).

History

Added July 2012. Amended January 2020.