§ 6.9.3.2 OVERVIEW|ELEMENTS OF A CLAIM UNDER THE EPA.

• Jurisdiction: Arizona

§ 6.9.3.2 Overview/Elements of a Claim Under the EPA. A "whistleblower" is an employee "who exposes wrongdoing on the part of his or her employer and is then discharged."⁵⁹ A plaintiff must establish three elements to file a claim: (1) that she had a good faith, reasonable belief that the defendant violated or was violating state law; (2) who she disclosed her belief in a reasonable manner to someone that she believed had the authority to investigate the alleged violation and take action to prevent further violations; (3) that her disclosure was a substantial motivating factor in defendant's decision to terminate her employment.⁶⁰

"In order to establish a prima facie case of retaliation, [Plaintiff] must demonstrate that (1) she had engaged in a protected activity; (2) she was thereafter...