EMPLOYER DISCRIMINATION; DEFENSES – Legitimate Business Purpose/Business Necessity

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Where coworkers and supervisor had expressed fear of employee, employee had recently pled no-contest to spousal abuse charges, and college dean had observed employee's anger and frustration during meeting, Board found that employee's behavior, rather than protected activity, motivated college dean's decision to issue memorandum recommending psychiatric evalution of employee; pp. 10-11. Where college began investigation into employee's fitness for duty prior to employee's protected activity and relied on outside assessment of employee's potential for violence in ordering psychiatric evaluation, Board found that employee's protected activity did not motivate college's decision to place employee on administrative leave pending psychiatric evaluation; pp. 11-12.