How OSHA Determines If Retaliation Took Place

How OSHA Determines If Retaliation Took Place

The investigation must document that:

• The employee engaged in a protected activity;

• The employer knew about the protected activity;

• The employer took an adverse action; and

• A nexus or connection exists: the protected activity was the motivating factor (or under some laws, a contributing factor) in the decision to take the adverse action against the employee.