EMPLOYER DISCRIMINATION; DISCRIMINATION – In General; Elements of Prima Facie Case

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Protected activity occurring after the employer had decided to deny reemployment can not be motivating factor in dismissal; p. 37, proposed dec. Employee's act of seeking temporary contract for herself, without union assistance or in concert with others, is not protected activity under EERA; p. 45, proposed dec. Absent showing of nexus by charging party, burden of proof never shifts to employer to show that it would have taken action in absence of protected activity; p. 47, proposed dec.