EMPLOYER DISCRIMINATION; DISCRIMINATION – In General; Elements of Prima Facie Case
Single Topic for Decision 1323E
Full Decision Text (click on the link to view): Full Text
501.01000 – In General; Elements of Prima Facie Case
In order to state a prima facie case for retaliation, a charging party must establish by a preponderance of the evidence that: (1) the employee engaged in activity protected by the EERA; (2) the employer knew of said acitivity; and (3) the employer took adverse action against the employee because of the activity. However, the absence of any element of the prima facie case requires the Board to dismiss the allegation; pp. 8-9.