EMPLOYER DISCRIMINATION; DISCRIMINATION – Burden of Proof; Evidence
Single Topic for Decision 1298E
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501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.02000 – Burden of Proof; Evidence
501.02000 – Burden of Proof; Evidence
In order to demonstrate business necessity, the employer must show that it would have made the decision to transfer the employee in spite of his protected activity; demonstrating the reasonableness of its attempts to mitigate the effects of the adverse action is insufficient; p. 4.