EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Other/In General

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Since direct proof of unlawful motivation is not often present, the Board reviewed the record as a whole to determine if the inference of unlawful motive should be drawn; pp. 10-11. 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.