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

Single Topic for Decision 1354H

View all topics for Decision 1354H

Full Decision Text (click on the link to view): Full Text

Charging parties established some, but not all, elements of a prima facie case of retaliation. They engaged in protected activities, including the University Professional and Technical Employees (UPTE) campaign, and University management had at least general knowledge of those activities. Also, the University departed from the established Personnel Policies for Staff (PPSM) layoff procedures. However, charging parties failed to establish an inference that the layoffs were unlawfully motivated. Retaliatory failure to rehire is not established by an adverse impact theory (higher percentage of UPTE members laid off than percentage of UPTE members in unit) because actual unlawful motivation required. Also, no unlawful motive established because rehire decisions were not made by a single decisionmaker, but rather by separate decisionmakers in each unit, there was no evidence to support an inference of bias by any of those decisionmakers. No basis to infer unlawful motivation with regard to issuance of evaluation, since management acted in response to the facts it possessed at that time. The evaluation process continued independent of the protected activity.