EMPLOYER DISCRIMINATION; DISCRIMINATION – Burden of Proof; Evidence
Single Topic for Decision 0226E
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501.02000 – Burden of Proof; Evidence
Once Charging Party establishes facts from which the Board can infer that his/her protected conduct was a motivating factor in the employer's decision to take an adverse action, burden then shifts to the employer to prove its action would have been the same notwithstanding Charging Party's protected activity; p. 4.