EMPLOYER DISCRIMINATION; DISCRIMINATION – Burden of Proof; Evidence
Single Topic for Decision 0864E
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501.02000 – Burden of Proof; Evidence
In applying the "but for" test in discrimination cases, trier of fact is required to weigh both direct and circumstantial evidence in order to determine whether an action would not have been taken against an employee "but for" the exercise of protected rights; p. 27, proposed dec.