EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Disparate Treatment

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Where no evidence was proffered regarding the treatment of any other similarly situated employee, it is not possible to determine if disparate treatment of the employee existed which could indicate a nexus between an adverse employer action and the employee's protected activity for purposes of proving a violation of EERA section 3543.5(a); p. 22, proposed dec.