Evolving Rationale for Disciplinary Action Supported Inference of Retaliation

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​The Drug Enforcement Administration’s (DEA’s) failure to provide contemporaneous documentation of an employee’s alleged performance issues or a consistent reason for revoking the worker’s security clearance supported an inference of retaliation under the Rehabilitation Act, according to the 4th U.S. Circuit Court of Appeals. The appeals court reversed summary judgment for the agency on the plaintiff’s retaliation claim.

The plaintiff worked with the DEA as a subcontractor beginning in 2013.
https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/court-report-evolving-rationale-inference-retaliation.aspx

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