EMPLOYER DISCRIMINATION; DISCRIMINATION – Burden of Proof; Evidence

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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. 21, proposed dec. 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; pp. 20-21, proposed dec. CSU met its burden of showing that employee would have been terminated in absence of protected activity where CSU showed that it was employee's insistence on certain working conditions and his mental health and not his protected activities which caused his termination; pp. 24-28, proposed dec. health and not his protected activities which caused his termination; pp. 24-28, proposed dec.