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4510 REVIEW DENIED To avoid summary judgment, a plaintiff suing for employment retaliation must first establish a prima facie case; for that purpose, showing that adverse employment action closely followed plaintiff's protected conduct establishes a presumption of retaliation; the burden then shifts to defendant to proffer a legitimate non-discriminatory reason for the adverse employment action; if defendant succeeds in doing so, the presumption of retaliation drops out of the picture, and the burden shifts to plaintiff to show that the adverse action was retaliatory and that defendant's proffered reason is pretextual; for this purpose, the mere proximity of time between plaintiff's conduct and the adverse employment action is not sufficient to establish pretext.CitationLOGGINS v KAISER PERMANENTE (Burden Shifting) 151 CA4 1102 [See: GovC 12940; McDonnell Douglas v Green 411 US 792; Yanowitz v L'Oreal 36 C4 1028, T/AT 4/03; McRae v Dep't of Corrections 142 CA4 377, T/AT 10/06]
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