Direct Evidence To Prove Causal Connection

Direct Evidence To Prove Causal Connection If there is credible direct evidence that retaliation was a motive for the challenged action, ''cause'' should be found. Evidence as to any legitimate motive for the challenged action would be relevant only to relief, not to liability. Direct evidence of a retaliatory motive is any written or verbal statement by a respondent official that s/he undertook the challenged action because the charging party engaged in protected activity. Such evidence also includes a written or oral statement by a respondent official that on its face demonstrates a bias toward the charging party based on his or her protected activity, along with evidence linking that bias to the adverse action. Such a link could be shown if the statement was made by the decision-maker at the time of the adverse action. Direct evidence of retaliation is rare.