EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – No reason or Inconsistent Reasons Given; Shifting Justifications

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Evidence that respondent failed to offer justification to the agrieved employee at the time it took action against him or that it offered exaggerated or vague and ambiguous reasons is relevant in deducing improper motive; p. 13. By raising at the hearing new justifications, employer appeared to be attempting to legitimize its decision after the fact, an action supportive of an inference that the employer's motives were unlawful; pp. 13-14. Offering no justification to the aggrieved employee at the time it took action against him, or offering exaggerated or vague and ambiguous reasons is relevant in deducing improper motive. The District's failure to offer the teacher a reason for his transfer, and its later explanation that he had been employed at the high school over 20 years and needed a change, that he had become engrained in his its later explanation that he had been employed at the high school over 20 years and needed a change, that he had become engrained in his that the District violated EERA subsection 3543.5(a); pp. 12-14.