EMPLOYER DISCRIMINATION; DEFENSES – In General

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After charging party has proven prima facie case, to avoid finding of discrimination, employer must show that it would have taken adverse action against employee even if that employee had not engaged in protected activity; p. 15. District failed to meet its burden of showing that employee would have been transferred in absence of protected activity where it failed to offer non-pretextual justifications for retention of other teachers in employee's department; pp. 16-17.