Whistleblowers


In a whistleblower case, it is not an employer's burden to prove a legitimate, non-discriminatory, non-pretextual reason for its action in order to rebut evidence raising a reasonable inference of retaliatory discharge. Rather, if a complainant presents evidence raising a reasonable inference of retaliatory discharge, the employer need only articulate a non-discriminatory reason for its action. At all times, the complainant had the burden of establishing that the real reason for discharge was discriminatory.





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