NJ Transit Bears Burden Of Proof In Retaliation Suit: 3rd Circ.

Law360, New York (February 19, 2013, 8:40 PM EST) -- In a precedential ruling, the Third Circuit found Tuesday that a plaintiff can present circumstantial evidence to argue a retaliation claim because the employer bears the burden of proof in whistleblower cases, reviving a suit filed against New Jersey Transit Rail Operations Inc.

The three-judge panel overturned a district court’s March summary judgment in favor of New Jersey Transit, finding that while Anthony Araujo failed to provide concrete evidence that he was retaliated against for reporting an emotional injury sustained on the job, he should be...
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