What is a Prima facie case of Retaliation in Civil Lawsuit in either Federal Court or Circuit Court?

Best answer receives the points.What is a Prima facie case of Retaliation in Civil Lawsuit in either Federal Court or Circuit Court?
In defining the elements of a cause of action for a retaliatory hostile work environment, the court borrowed largely from existing hostile work environment jurisprudence, and held that a plaintiff must prove (1) that she suffered intentional discrimination (i.e., harassment) because of her protected activity; (2) the discrimination was severe or pervasive; (3) the discrimination detrimentally affected her; (4) it would have detrimentally affected a reasonable person in similar circumstances; and (5) a basis for employer liability is present.What is a Prima facie case of Retaliation in Civil Lawsuit in either Federal Court or Circuit Court?
Since you haven't described what the case is about, we can't really answer.





Prima facie means ';on the face'; or ';obvious at first examination';. A prima facie case of retaliation would be when you have evidence that clearly suggest that retaliation took place.
To establish a ';prima facie case'; means that you state evidence on each element of the claim. For example, to set out a prima facie case for fraud, you must set forth facts to show 1) a false statement knowingly made 2) reliance on the false statement, and 3) damages.





A prima facie case for ';retaliation'; depends on what law or statute you are relying on for your claim. For example, if the complaint falls under a federal statute protecting ';whistleblowers'; who report corruption in government, then you must state facts for each element specified in that statute.





Generally, you must have a statutory claim for ';retaliation';. That is, there is no 'common law' tort of retaliation, but specific state or federal laws give certain classes of persons a remedy. So, there are statutes protecting tenants from retaliatory eviction, the whisteblower statutes, etc.





Without knowing more facts than what you state here, we cannot tell you if a law even exists that fits the situation. To be able to do that, we need to know where you are and what the action was that caused the retaliation.