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

Single Topic for Decision 1255H

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Once charging party has established an inference of unlawful motivation for an adverse action, the burden shifts to the respondent to demonstrate that it would have taken the action despite the individual's protected activity; p. 45, proposed dec. Board rejects respondent's assertion that it would have taken the action in absence of employee's protected activity where respondent failed to present evidence demonstrating its rationale for discipline except for the disciplinary memorandum, itself, which was unsupported hearsay; pp. 50-51, proposed dec.