EMPLOYER DISCRIMINATION; ADVERSE ACTIONS – Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Single Topic for Decision 0089E
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503.05000 – Transfer, Promotion, or Demotion; Work Assignments and Opportunities
No violation found in transfer of one employee where only nexus was that employee was a union member and there was no evidence of unlawful intent; pp. 13-14. The evidence as a whole, including the employees' extensive protected activity, the timing of the adverse actions and the employer's failure to provide a legitimate business justification for its actions, establishes the transfers were unlawfully motivated; pp. 11-13 and pp. 17-20, proposed dec.