EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Timing of Action
Single Topic for Decision 1299S
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504.04000 – Timing of Action
Factors which may support an inference of unlawful motivation include the timing of the employer's adverse action in relation to the employee's protected conduct. In this case, employee's call to his union occurred only days before he received a performance deficiencies memorandum from his supervisor; p. 11. The temporal proximity of employee's protected conduct with the State's actions and the fact that the performance deficiencies memorandum and employee's second probationary report made specific reference to the employee's contact with the union representative supports the inference of unlawful motivation by the State; p. 11.