EMPLOYER DISCRIMINATION; DISCRIMINATION – Burden of Proof; Evidence
Single Topic for Decision 1246E
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501.02000 – Burden of Proof; Evidence
Where employer takes adverse action in direct response to employee's protected activity, Board finds nexus without resort to circumstantial indicia of unlawful motivation; p. 19. Failure to complete a thorough investigation coupled with timing of letter of reprimand is sufficient to support an inference of unlawful motivation where District fails to demonstrate that it would have taken adverse action despite protected activity; p. 17, note 6.