8.1.5 Elements of an ADEA Claim Retaliation — Model [Plaintiff] claims that [defendant] discriminated against [him/her] because of [plaintiff’s] [describe protected activity]. To prevail on this claim, [plaintiff] must prove all of the following by a preponderance of the evidence: First: [Plaintiff] [describe activity protected by the ADEA]. Second: [Plaintiff] was subjected to a materially adverse action at the time, or after, the protected conduct took place. Third: There was a causal connection between [describe challenged activity] and [describe protected activity]. [plaintiff’s] plaintiff’s Concerning the first element, [plaintiff] need not prove the merits of [his/her] [describe activity], but only that [he/she] was acting under a reasonable, good faith belief that plaintiff’s [or under the Age Discrimination in Employment Act were [plaintiff’s] someone else’s] rights violated. Concerning the second element, the term means that [plaintiff] must “materially adverse” show [describe alleged retaliatory activity] was serious enough that it well might have discouraged a reasonable worker from [describe protected activity]. [The activity need not be plaintiff’s related to the workplace or to employment.] [plaintiff’s] Concerning the third element, that of causal connection, that connection may be shown in many ways. For example, you may or may not find that there is a sufficient connection through timing, that is action followed shortly after [defendant] became aware of [defendant’s] [plaintiff’s] [describe activity]. Causation is, however, not necessarily ruled out by a more extended passage of time. Causation may or may not be proven by antagonism shown toward [plaintiff] or a change in demeanor toward [plaintiff]. Ultimately, you must decide [protected activity] had a determinative whether [plaintiff’s] effect on [describe alleged retaliatory activity]. means that if not for “Determinative effect” [plaintiff's] [protected activity], [describe alleged retaliatory activity] would not have occurred. Comment The ADEA provides a cause of action for retaliation:
8.1.5 Elements of an ADEA Claim — Retaliation Model [Plaintiff] claims that [defendant] discriminated against [him/her] because of [plaintiff’s] [describe protected activity]. To prevail on this claim, [plaintiff] must prove all of the following by a preponderance of the evidence: First: [Plaintiff] [describe activity protected by the ADEA]. Second: [Plaintiff] was subjected to a materially adverse action at the time, or after, the protected conduct took place. Third: There was a causal connection between [describe challenged activity] and [plaintiff’s] [describe plaintiff’s protected activity]. Concerning the first element, [plaintiff] need not prove the merits of [his/her] [describe plaintiff’s activity], but only that [he/she] was acting under a reasonable, good faith belief that [plaintiff’s] [or someone else’s] rights under the Age Discrimination in Employment Act were violated. Concerning the second element, the term “materially adverse” means that [plaintiff] must show [describe alleged retaliatory activity] was serious enough that it well might have discouraged a reasonable worker from [describe plaintiff’s protected activity]. [The activity need not be related to the workplace or to [plaintiff’s] employment.] Concerning the third element, that of causal connection, that connection may be shown in many ways. For example, you may or may not find that there is a sufficient connection through timing, that is [defendant’s] action followed shortly after [defendant] became aware of [plaintiff’s] [describe activity]. Causation is, however, not necessarily ruled out by a more extended passage of time. Causation may or may not be proven by antagonism shown toward [plaintiff] or a change in demeanor toward [plaintiff]. Ultimately, you must decide whether [plaintiff’s] [protected activity] had a determinative effect on [describe alleged retaliatory activity]. “Determinative effect” means that if not for [plaintiff's] [protected activity], [describe alleged retaliatory activity] would not have occurred. Comment The ADEA provides a cause of action for retaliation:
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