The question of when a worker has raised concerns about discrimination sufficient to gain retaliation protection has not been answered consistently and clearly by courts. A case in Texas may provide clarification.
The Texas Supreme Court, in Apache Corp. v. Davis, has been asked to evaluate a lower court ruling on the subject. The lower court had ruled that there must be some indication the protected characteristic at issue motivated the conduct opposed. Apache Corp. v. Davis, 573 S.W.3d 475 (Apr. 23, 2019).
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